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ARTICLE · 20 JULY 2015

Design Patent For GUI: Challenges And Hope

The protection of industrial designs in China is provided by the patent law and the industrial designs are called design patents, like in the US.

ChinaIntellectual Property
Wan Hui Da - Peksung IP Group
Wan Hui Da - Peksung IP Group
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The protection of industrial designs in China is provided by the patent law and the industrial designs are called design patents, like in the US. The design practice in China has been evolving in many aspects ever since the first Chinese patent law came into effect on April 1, 1985. However, some aspects of the design practice in China have been challenging for applicants and patentees to obtain meaningful protection scope of their design patents. Proposed changes to the Chinese patent law will bring positive changes in the not-too-distant future.

Power-On State

For a very long time, any pattern on a product which is only shown when the product is powered on, such as the pattern on an electronic watch dial, the pattern on the screen of a mobile phone, software interface, and so on, is not considered as subject matter that can be protected by a Chinese design patent. In practice, applicants must remove such patterns from the drawings or pictures of the application

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