Novel GUIs as Design Patents – Techniques and Benefits
Support IPWatchdog with an individual sponsorship. Click here. “Can I patent my website’s look or my App ?”).? Yes, you can use a nonprovisional 14-year design patent to patent your GUI. The design patent protects your site’s unique visual appearance. The USPTO MPEP (SS1504.01(a), Computer-Generated Electronic Images) is the USPTO’s patent examination rule that refers to GUIs as 2D Computer-Generated Icons. If they comply with certain rules, then they may be Section 101 eligible. A design patent cannot be used to patent images that are displayed from one page to the next, or from menu to menu. You can’t use a design patent to patent the GUI in a sequential fashion as a clever method of claiming the site’s utility. They’re on that. (See: USPTO Design Patenting Guide). If the applicant tries this, the Examiner in Art Unit 2900 et seq will issue a Restriction requiring an Election and probably a requisite follow-up Continuation Application, thereby adding to costs and falling short of the applicant’s ‘functionality/utility’ goal. (See: MPEP SS8202.02).
How is a GUI Patentable?To meet the patentability 35 U.S.C. SS101 “articles of manufacture” requirement outlined by 35 U.S.C. SS171, a GUI can be patentable if it is displayed on a computer monitor, screen or other display device. The Ornamental Appearance is the key, so a “WixTM/WordPressTM template site” with ShutterstockTM images will not do. Neither will your website’s “layout,” unless the layout itself presents a novel ornamental design likening to an “icon.”
Think grassroots/hand-drawn/artistic (though CAD-drawn is obviously okay). Shoot for images with figurative elements that would be novel designs if they stood alone (away from your screen); aim for images that could be a logo sufficient for purely-graphic trademark registration.
Furthermore, it is crucial for your application to include certain features in the title and drawings: Use an application title like “DISPLAY SCREEN (OR SECTION THEREOF) WITH GRAPHICAL USER INTERFACE.”
Another Effective Technique
is to tease-out (and patent) what the GUI is really showing, and then title the Design Patent Application in a fashion that matches the substance (and tailor your Drawings to match).
For example, for one of my inventor-clients (a Bay Area tech-sales head-hunter who’d invented a platform for digesting, organizing and displaying tech sales resumes), I simply titled the Design Patent “Colored Resume.” Using this technique, the inventor successfully patented “the look” of his novel resume, which is now
memorialized on a his home platform screen / GUI.
What’s Required for the Design Patent Drawings?
In addition to showing the 2D image in black-and-white line drawings, the GUI design patent drawing should show the “outer bounds/screen” of the GUI in broken lines. The GUI design patent drawing should also show the “outer bounds/screen” of the GUI in broken lines. . . The broken lines in the figures are a display screen, or a portion thereof, and do not form part of the claimed design.”In “Colored resume US D 968 510,” I also submitted a petition for colour drawings, arguing that color was needed. The patent issued states that color drawings are technically not allowed in design applications. (See: MPEP 608.02) However, the patent stated “the patent file includes at least one drawing in color.” Copies of this patent publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.” Mission accomplished!
How Many Drawings (Views) are Ideal for a GUI Design Patent Application?[incidentally]The official rule is “
he design must be represented by drawing
that contain a sufficient number of views to constitute a complete disclosure of the appearance of the design. Surface shading should be used to accurately show the character and contour of the surfaces. MPEP SS1503.02
In general, design patents that cover three-dimensional objects require at least seven views. These include front, back, top, bottom and left, right, as well as one landscape 45deg perspective. A GUI is a two dimensional image and a single view can be sufficient. However, as described above, if you use the technique of patenting the substance of the GUI (patenting an image that happens to appear, inter alia, on the screen), then do the seven-views method.
Note: Story-board/chronological series drawings trying to patent the menu-functionality of your site are disfavored. Multiple chronological (aka, different) images/embodiments included in one application will be rejected based on Section 112 or 35 USC SS 132a. If your multiple GUIs (the distinct images on various pages of your site) are independently novel, go with separate design applications.
Lastly, finding a patent illustrator who understands the nuances of rendering and drawing these views is key. Ask to see the draftedsman’s published patents. If you see shading reminiscent of old school patents like Edison’s lightbulb (Incandescent Lamp) or VelcroTM (Separable Fastening Device) or Jobs’ iPhoneTM (Electronic Device), then if it’s under ~ $175 per sheet, hire![t]Takeaway[s]While patenting a website’s computer implemented methods presents tricky Section 101 issues, the GUI’s of those sites are surprisingly easy to patent via design patents. You should ensure that the shading and drawing views are correct, ask for color if necessary, and title the application correctly. Also, include a disclaimer about broken lines in the specification.
