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Brief Introduction on Application of GUI-Related Invention Patents in China
Lei ZHOU, Peter ZHANG
Chinese Patent Attorneys
Linda Liu & Partners
I. Introduction
In China, generally, applicants can obtain patent protection for technical solutions related to graphical user interfaces (GUI) in two ways: design patents and invention patents.
Briefly speaking, design patent mainly protects the appearance design of the product incorporating GUI, while invention patent mainly protects the method or product implementing or operating GUI. The two ways are different from each other on their emphasis.
Protecting GUI with design patent has the advantages of: both dynamic and static patterns can be protected, the cost is low, and the patent can be granted within a rather short period. However, as GUIs in such design patents must be combined with products for application as a whole, yet China does not protect partial designs at present, thus the force of this way of protection is still to be verified by patent enforcement cases in the future.
Compared with design patents, protecting GUI with invention patent is defected in that: the static interface views cannot be protected, the time of examination is rather long and the patent is harder to grant, while it is advantageous in that: it can protect the method or device for operating, controlling or generating GUI without combining GUI with certain products or defining GUI by certain external forms for display. Moreover, as some features of GUI-related technical solutions are dominant, or in other words, are visible or collectable from outside of the product, evidence would be easier to obtain for such patents than for underlying processing that operates inside of products during patent enforcement.
In order to better protect GUI-related technical solutions, enterprises that attach great importance to GUI designs, represented by Apple Inc., usually apply both design patents and invention patents for such technical solutions in China.
II. Common types and drafting ways of GUI-related invention patent applications
Although GUI-related technical solutions are specific in certain ways, yet based on our practical experiences, such technical solutions can still be protected with invention patents as long as basic requirements of the Chinese patent system regarding invention patents are met. Such basic requirements include:
1. The technical solution solves certain technical problem, adopts certain technical means and achieves certain technical effect;
2. The technical solution does not relate to a subject matter excluded from patent protection, such as rules and methods for mental activities;
3. The technical solution meets the conditions for the grant of patent rights, such as patentability.
GUI-related invention patents can be protected by method claims and device claims. In combination with practical cases, we hereby analyze some common types and ways of drafting of GUI-related invention patents. Therein, we focus mainly on the drafting ways of device claims, the main type of claims used in patent enforcement in China.
1.Interface module + logic module
[Case 1] CN200410092743.X Name of Invention: Method and System of Displaying Personal Information Status: Granted Claims:
9. A system of displaying personal information, characterized in that: the system comprises:
a personal information displaying frame to display personal information and receive input from users;
a server to store personal information; and
a logic management module to implement exchange of information between the personal information displaying frame and the server, and implement dynamic interaction with the users based on the input of users.
Analysis: The drafting way of the above application is virtualizing GUI per se to an independent module, i.e., “the personal information displaying frame”, which is defined by the displayed content and the interaction with users, and virtualizing the underlying logic to a logic module, i.e., “the logic management module”, which is defined by the controlling process.
This application emphasizes on the function of GUI instead of the concrete elements displayed by GUI, and introduces the underlying control logic.
2. Displayer + Processor
[Case 2] CN200810218009.4 Name of Invention: Method for Controlling Mobile Equipment by Touch Screen and a Mobile Equipment Status: Granted Claims:
10. A mobile equipment, comprising:
a touch screen to display a standby graphic interface which is provided with at least one user controllable object and receive the operating instruction of a user on the object; and
a processor to identify and obtain the state parameter of the object, determine whether or not an application corresponding to the current state parameter of the object exists, and, if exists, execute the application.
Analysis: This type of patent defines the interactive mode between GUI and users by “the touch screen” and defines the underlying logic by “the processor”. Relatively speaking, such way of drafting is closer to the actual hardware structure.
This application is similar to Case 1 in that it emphasizes on the function of GUI instead of reflecting the concrete elements of GUI, and introduces the underlying control logic.
3. Combination of software and hardware
[Case 3] CN200980110778.5 Name of Invention: Notification of Mobile Device Events Status: Granted
A computer-implemented notification system, comprising:
a wireless interface to receive data for a user of a mobile computing device;
a notification manager to generate a notification message for a device event, including device events received through the wireless interface, where the notification message includes information that describes the device event;
a display manager, operable with a computer processor, to generate elements for a graphical display, to receive the notification message and to present the notification message in a first zone near a perimeter of the graphical display; and
an electronic input device to receive a user selection in the first zone, wherein the user selection may occur with users pressing fingers on the status area and dragging downward;
wherein in response to the user selection, the display manager displays, in a central zone of the graphical interface, detail information regarding a plurality of recent messaging events for the mobile device, wherein the edge of graphical element showing the detail information regarding a plurality of recent messaging events moves downward together with said dragging-downward; therein, at least some of the recent messaging events correspond to the message received by the mobile device, the detail information regarding the plurality of recent messaging events includes text from the message, and the detail information regarding the plurality of recent messaging events are simultaneously displayed in the central zone.
Analysis: This type of patent defines the generating and operating process of GUI by logic modules, such as “the displayer manager”, which implements data interaction with hardware modules, such as “the wireless interface”. This is a way of drafting combining both software and hardware.
This application specifically reflects the layout and the dynamic way of changing of elements in GUI.
4. Virtual device
[Case 4] CN200780020698.1 Name of Invention: System Management Human-Machine Interface Status: Granted
Claims:
1. A system applicable for a workstation for presenting a system management graphical human-machine interface (HMI); the system management graphical （HMI) comprising a multi-paned human-machine interface window on a display, the system displaying information related to operating status of various components of control system on the multi-paned human-machine interface window, and the multi-paned human-machine interface window comprising a navigation pane and a component-specific information area; said system comprising:
a device to graphically display a hierarchical tree on the navigation pane, the hierarchical tree including nodes corresponding to control system equipment, and
a device to provide detailed information corresponding to a selected node on the navigation pane hierarchical tree on the component-specific information area, the detailed information including diagnostic information;
wherein, the status of the node is updated by the runtime status of control system equipment; and
wherein the hierarchical tree includes a logical monitor node display element at a highest level of the hierarchical tree, a status indicator is presented proximate the logical monitor node display element, and wherein status of lower nodes propagates from lower nodes up to the status indicator for the logical monitor node display element.
Analysis: As solutions based entirely on computer programs, GUI-related device claims can also be drafted as virtual devices with one-to-one correspondence with methods and steps.
The virtual device in this application, defined by the generating process of interface, reflects the layout of interface in details.
5. Protecting interface per se with virtual module
[Case 5] US2005223063 (A1) Name of Invention: Quick Reply Form Status: Granted Claims:
9. A graphical user interface on a client computer, comprising:
an email thread in a document, wherein the email thread contains a plurality of email messages;
a plurality of simultaneously provided reply mechanisms, each reply mechanism corresponding to one of the plurality of email messages; and
a reply form within the document for inputting a response message, wherein the reply form is provided in response to detection of a user selection of one of the reply mechanisms.
Analysis: This application describes entirely the static and dynamic features of interface per se without involving the underlying logic, thus has rather large scope of protection and dominant features. In China, however, this way of drafting has a high risk of being rejected by examiners. It is possible to be accepted by some Chinese examiners if the subject matter is revised to “graphical user interface system”.
III. Advice on application
With respect to GUI-related solutions applying for invention patents in China, we have the following advice for your reference.
1. Determining the technical solutions, technical problems and technical effects
To conform to the basic requirements for the grant of patents in China, we suggest firstly confirming whether or not the solution contains a technical solution, solves a technical problem and achieve a technical effect. In particular, the technicality of the solution shall be confirmed.
Therein, technical solutions may include interface generating solution, interface controlling solution, data interaction solution, etc.
2. Determining the focus of protection
For GUI-related technical solutions, the possible focuses of protection mainly include:
1)Dynamic ways of changing of interface per se
2)Processing in the procedure of generating interface
3)Processing in the procedure of operating interface
4)Data interaction between interface and other components
After confirming the focus of protection, we suggest describing, in details and clearly, the implementation details of the technique which the applicant attaches importance on. Otherwise, the application may be deemed as pure functional definition and lacking of embodiments, which may lead to problems of not belonging to technical solutions, not being supported by the description, insufficient disclosure or undetermined scope of protection; as a result, the risk of being rejected may increase, and troubles may be left hidden for enforcement of the patent in the future.
3. Choosing the proper way of drafting
1) From the perspective of making the features dominant so as to easily protect the patent, we believe the priority of the above ways of drafting are:
Interface per se > Interface operating method > Interface + underlying generating or controlling method
However, therein, interface per se is difficult to be granted in China (see Case 5), while interface + underlying generating or controlling method has rather small scope of protection, and the underlying controlling method is not dominant enough so that the patent enforcement would be rather difficult. Therefore, we suggest using the second way, i.e., to protect the interface operating method, whenever possible.
2) With regard to the definition of specific forms of layout of interface
Where interface is only defined with function and is inventive enough, it is recommended to define specific forms of layout of the interface in dependent claims instead of in independent claims so as to obtain a scope of protection as large as possible.
3) With regard to the drafting ways of device claim
At present, the Chinese Patent Office does not have an explicit examination standard for GUI-related invention patents, hence which way of drafting can be accepted by examiners is still uncertain in a way. The above cases 1-4 are granted patents in China, and all four ways of drafting have the possibility of being accepted. As for Case 5, if the subject matter is revised to “graphical user interface system”, it may also be accepted by some Chinese examiners.
Seen from the perspective of patent enforcement, for GUI-related invention patents that based entirely on computer programs, it is hard to say which type of device claims has the best force of protection as there are still no enforcement cases of such patents in China,.
Therefore, for GUI-related Chinese invention patents, when cost permits, we suggest drafting at least one set of method claims and two sets of device claims: one based on the virtual device (please refer to Case 4) and one based on hardware module (similar to Case 2). In addition, if cost permits, the applicant may also try the drafting way of Case 5 (with the subject matter being revised to “graphical user interface system”) so as to protect the technical solution from different angles.
The above analysis is based on our practical experiences. Should you have any requirement or problem, please do not hesitate to let us know.
