CHANG TSI
Insights
Protection for Graphical User Interfaces (GUIs) under design patents became available following the revision to the Patent Examination Guidelines effective May 1, 2014. Initially, the Guidelines stipulated that patent protection would not be granted for designs solely comprising patterns displayed when a product is powered on, such as: an electronic watch dial pattern, a mobile phone screen image, or a software interface per se.
The implementation of China’s fourth amendment to the Patent Law (effective June 1, 2021) significantly broadened the scope of protectable GUI elements. Currently, the key principle governing GUI design patentability is the requirement for Human-Computer Interaction (HCI). Consequently, patent protection will not be granted for designs involving interfaces lacking HCI functionality, such as: an electronic screen wallpaper, a startup/shutdown screen, and an image-text layout of a webpage, etc.
The fundamental requirement for filing a GUI design patent application is that the GUI must incorporate Human-Computer Interaction (HCI) functionality. This distinguishes protectable GUIs from mere static displays. The following are some examples of feasible and infeasible GUI products:
Additionally, the amended Patent Law introduced the concept of partial designs. As of June 1, 2021, applicants may file for protection of a partial design if the essential design features reside only in the GUI itself, or in a GUI that is applicable to multiple different products. This means the applicant can submit views focused solely on the specific GUI interface to be protected, without necessarily depicting the entire product carrier.
(1) Protection of GUI + Product Carrier:
If the applicant seeks protection for both the GUI and the specific shape of the physical product on which it is displayed (e.g., a particular phone model), it is necessary to submit the standard six orthographic projection views of that product carrier showing the GUI. (Views would typically include Front, Back, Left, Right, Top, Bottom).
(2) Protection of the GUI Only (Partial Design):
If the applicant seeks protection only for the GUI interface itself (relying on the partial design system), it is sufficient to submit at least one view clearly presenting the GUI. Additional views showing the GUI's context on a generic or broken-line product carrier are often beneficial but not strictly required to claim just the GUI. Views must clearly delineate the claimed design portion.
(3) Handling Content Display Areas within the GUI:
If the GUI design includes areas intended for displaying variable content (e.g., picture galleries, video players, news feeds), it is strongly recommended to represent these areas using a solid fill color (e.g., grey or white) in the main views submitted for substantive examination. This practice avoids limiting the scope of protection to a specific fixed content display.
Views showing the GUI with actual example content can be submitted as reference views labeled “in use” or “reference only”. This helps the Examiner understand the GUI’s application context.
The solid-colored areas will be interpreted by the Examiner as changeable areas within the GUI design, intended for displaying picture elements, video elements, or other variable content, and are not considered part of the claimed design itself.
(4) Dynamic GUI Designs:
Applicants may submit a sequence of views depicting the stages of a dynamic GUI (e.g., showing transitions like sliding menus, screen changes, or animation sequences) to claim protection for the dynamic aspects of the interface.
Important Clarification: Submitting a dynamic GUI design protects the specific sequence of visual appearances claimed. Mere functional similarity (e.g., another GUI also having a sliding function or view jumping) does not, in itself, render the later design anticipated by the prior art or lacking novelty.
Novelty and distinctiveness are assessed based on the overall visual impression created by all the elements and their arrangement within the claimed interface sequence. A different GUI will only constitute prior art if its visual elements, transitions, and overall appearance are substantially similar to the claimed design.
