In March 2014, SIPO issued a decision amending the Guidelines for Patent Examination. Under the decision, graphical user interfaces (GUIs) became eligible for design patent protection as part of a product from May 1, 2014.

The relevant changes, filing requirements and practical points are set out below.

Changes to the Guidelines

Before the amendment, patterns displayed when a product was powered on, such as those on an electronic watch dial, mobile phone screen or software interface, were excluded from design protection.

After the amendment, the exclusion covers game interfaces and patterns displayed on a product that are unrelated to human-computer interaction or the implementation of product functions. Examples include electronic wallpaper, startup and shutdown screens, and the graphic and textual layout of a webpage.

The previous requirement that a product's pattern be permanent and visible, rather than intermittent or visible only under particular conditions, was deleted.

User interfaces take many forms. Wallpaper, startup and shutdown screens, and webpage layouts are essentially artistic creations or trademark or trade name designs that may be protected by copyright or trademark rights. Game interfaces commonly concern plots or scenes, for which design patent protection is less practical. These considerations explain why those types remain excluded.

Filing requirements

1. For a design application concerning a product incorporating a GUI, views of the entire product design must be submitted.

2. For a dynamic GUI, at least one view must show the entire product design in one state. Key frames may be submitted for other states. Taken together, the views must uniquely identify the progression of the dynamic pattern.

3. Where necessary, the brief explanation must state the GUI's use, its location within the product, the manner of human-computer interaction, its changing states and other relevant information.

Points to note

1. The application must show the whole product incorporating the GUI, rather than the GUI graphic alone. A view drawing the GUI with both solid and dotted lines is not acceptable.

2. The pictures or photographs must clearly show the design of the entire product. As with a product without a GUI, necessary views must not be omitted merely because a GUI is included, leaving the overall design unclear.

3. If the GUI occupies only a small part of the product, an enlarged view of the GUI must also be submitted.