Research on the Object Problem of GUI Design Patent
[Purposes]This paper aims to explore the issue of the object of domestic and extraterritorial GUI design patents,especially around the issues of product theory and design theory,and the physical limitation of carriers.The article clarifies the scope of patent protection for GUI designs by comparatively analyzing the legislation and judicial practice of different countries.[Methods]By means of the detailed elaboration of Chinese legal provisions and the comparative analysis of international treaties,foreign leg-islation and judicial cases,this paper aims to reveal the scope of protection of GUI design patents and its application in practice.[Findings]While Chinese legislation tends to protect the design itself,judicial practice emphasizes the physical nature of the product.International law and judicial practice,on the other hand,are more flexible and provide broader protection for virtual products and GUIs.[Conclusions]The object of GUI design patent should be further defined clearly,and the focus should be shifted from the product to the design itself,breaking through the traditional concept of"solidity"of the design car-rier,and considering expanding the scope of the product carrier by amending the law or adding new judi-cial interpretations,and legitimizing the software virtual carrier,so as to promote the development of the design and creativity and to adapt to the needs of the digital era.
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