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GUI can be protected by Chinese design patent

2019-12-19

According to the SIPO's new Guideline for Examination, GUI (Graphic User Interface) is design-patentable as of May 1, 2014, which is previously not a subject matter of Chinese design patent.

However, a pure GUI is still not a subject matter of Chinese design patent. In stead, it is a device such as computer or mobile phone having a special designed GUI that can be protected by Chinese design patent.

According to SIPO's comments, if a device incorporating the GUI is only of a common shape, the shape can be ommited and the GUI will be considered as the mainpoint of the design for protection.