GUI (Graphical User Interface) design is an emerging player in the
technology industry, and more so in the world of patents. For companies that
are in the business of selling goods and services through websites over the
internet, GUI plays a vital role in attracting their consumers. Hence, the
GUIs, which often exist in the form of simple icons, visual signals, and screen
layouts, have become invaluable and beneficial Intellectual Property (IP) assets that
represent a business’s brand identity and goodwill. Like other assets, these
GUIs are also vulnerable to get infringed, i.e., copied and used by
unauthorized users. Hence, the companies, which rely on GUIs to make profits by
attracting and making consumers buy from them, need to protect their GUIs. In
this article, we’ll explore how Industrial Design Patents can protect GUIs, thus
making them vital components of any robust IP strategy.
Depending on several aspects, different countries have different rules
and laws for the protection of GUIs. In general, GUIs may be secured under
Copyright and Trademark Law, but Design Patent Protection offers distinct
advantages over many other forms of IP protection.
- Design patents can protect
icons and screen designs that don’t function as trademarks.
- For obtaining
protection by the Registration of Industrial Design Patent, there is no
requirement of creativity, as in the case of copyright.
- Design patents possess
validity. It means although the term of a design patent registration is
limited to 15 years, it rarely outlives because of the driving nature of
design, especially in the graphic user interface area.
- Unlike copyright or
several other Intellectual Property
Rights (IPRs) where fair use defense exists, design patent
infringement isn’t available with this defense.
- Design patent rights
are easier to enforce than trademark and copyright, as no consumer survey
or copying is required to prove infringement.
- The measure of damages
is a remarkable advantage. For instance, according to the rules for design
patent damages – an infringer shall be liable to the patent owner to the
extent of his total profit; whereas, Copyright Law limits the
damages to the defendant’s profits attributable to the infringing
component.
- A design patent cannot
just expand the intellectual property portfolio of the company but also
increase its future asset value.
Significant
Aspects Associated with GUI that Are Protectable as Design Patents
- Firstly, novel icons
related to GUI are protectable as design patents. These icons are the
visual representations that display the subject matter related to the
application. For example – an envelope representing e-mail, camera lens
representing a camera, etc. In the case of third-party applications
(apps), the app icon appears to be the most vital thing with which that
particular company can convey its brand. Hence, protecting the app icon
with the help of the design patent is of great importance.
- Secondly, the GUIs that
you can view when the app gets opened are also eligible to be protected as
design patents. For instance, on clicking the icon, you can open the app
and see the GUIs inside. At this stage, the novelty aspect is all about
the GUI’s layout that includes the specific location of each element,
which is also protectable. For instance, on opening a camera app, you can
see the control and settings buttons displayed in a specific layout. All
these are protectable as long as they are novel and nonobvious.
- Finally, animation
related to GUI is also protectable. For example, when you click on the
settings of the camera app, the screen often slides to either right or
left off the settings page. This type of movement in the app is
protectable as a design patent. One common example of protection of such
movement in GUI is the Apple ‘Cover Flow’ design patent, which safeguards
flipping through albums in the music player interface and iTunes.
GUI is a booming technological area, and if we talk about GUI patents,
then it is true that a major portion of the total design patent filings made
worldwide is related to GUIs. Moreover, the number has been rapidly
accelerating. The protection of GUI is an imperative type of Intellectual
Property Protection that a developer should obtain to protect the company
brand. Because of the continuous and rapid technological developments, it is
expected that the future will see GUIs as essential assets for any business
that wants to interact with its audience. That’s why almost all, including
people, companies, national to International Industrial Design Registration service providers,
etc., believe that the GUI protection must not be limited only to the software
world, rather all industries should consider protecting GUIs strongly.
Design patents are what offer unique rights/ protection against GUI
counterfeits and third parties, whose mimicking designs may cause the
likelihoods of confusion. Furthermore, they can even help the owner to increase
the value of his/ her IP portfolio, and thus, attract investors. For more
visit: https://www.trademarkmaldives.com
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