Intellectual Property Strategy For Protecting Software: Supplementing Utility Patent Protection With Industrial Designs

An often-overlooked form of intellectual property (IP) protection for software applications is industrial design protection for a graphical user interface (GUI). The GUI can include unique design features or animations (series of design frames) that can be protected with industrial design.

The GUI of many software applications is usually the first, or sometimes only, point of user interaction. Successful software applications typically distinguish themselves by offering a GUI that is intuitive to the general user base. Over time, users become accustomed to the GUI and will associate the GUI with the functionality offered by the software. As a result, users are less likely to switch to another application that offers the same functionality but with an unfamiliar GUI. Developing such intuitive GUIs, however, requires substantial effort and cost—not only does the designer need to clearly understand the functionalities offered by the software, but the designer also