In the tech world, UI design is everything. You can have a great idea and an excellent business model, but if your product doesn’t have a good user interface (UI), people will struggle to use it. When you’re building a SaaS company, this becomes especially important because the UI is what users use every day to do things like interact with the app, make purchases, or sign up for services.
Many of the apps we use on a daily basis have iconic UI features that users and customers associate with their software or app, often to the point where they are an integral part of a company’s brand. With that in mind, it is key for any SaaS founder to protect these graphic elements that make their app unique. This guide will help you learn how to protect your UI with design patents.
What Does A Design Patent Protect?
Design patents can protect the Graphical User Interface, or GUI for short. A GUI offers graphical icons, animations, and visual indicators to help users understand all the complex features of the program they are using. There are five requirements for what makes something, such as a GUI, eligible for protection by design patent:
- The GUI Must Be An Article of Manufacture. A man-made tangible object that features a picture or design is an article of manufacture – a picture or design standing alone is not an article of manufacture. As such, a GUI, by itself, is not eligible subject matter for a design patent as an article of manufacture. However, when the GUI is placed on a computer or mobile device display, then the GUI can be protected by design patent because it is associated with a man-made tangible object (e.g., the computer or mobile device display).
- The GUI Must Be Original. The GUI must be original and not a copy of another’s work and innovation. Note that this is applicable even if the original designer is not aware that his or her creation was copied. On the other hand, a reassembling or reforming of a previous creation does not run afoul of the originality requirement for design patents.
- The GUI Must Be Novel. The GUI design that is being patented must be new. As mentioned, a design patent is only for the ornamental aspect of the GUI, and is not going to provide protection for the mechanics of the GUI’s functionality. Protection for the mechanics of its functionality would require a utility patent.
- The GUI Must Not Be Obvious. As technology is almost always based upon a previous innovation, the new GUI must not be obvious to other designers of ordinary skill in the art in light of what already exists in the world. It is very important that it does not replicate any existing designs and instead brings something completely new and innovative to the table.
- The GUI Design Must Be Ornamental. When it comes to design patents, the courts have a strict requirement for ornamentality. This means that any ornamental aspect of the GUI cannot be connected to the GUI’s functionality. For example, if a certain design is required for functionality then it cannot satisfy the ornamentality requirement because there would be some dependence between them. Essentially, when looking at patent-eligible designs we must consider whether they are entirely separate and nondependent on their function in order to qualify as being designs eligible for protection under law.
With the amount of competition in today’s tech world, it is important for a company to be able to differentiate its product amongst competitors. This can be done through UX/UI design that is unique and innovative. We’ve included some great examples below that you should examine before identifying the designs that you think are particularly innovative within your software.
GUI Design Patent Examples
Facebook GUI Design Patent – USD819058S1
Nest GUI Design Patent – USD687,047
Can One GUI Design Patent Application Protect Multiple Embodiments?
Yes, design patent applications can have multiple embodiments. Designers often use this option to show different variations of an invention without having to file a separate application for each variation. However, the disadvantages to multi-embodiment applications can be significant.
The primary risk to applications with more than one embodiment is the chance that the Patent Examiner will find that the embodiments are non-distinct, or too dissimilar to be included in a single invention. If this happens, the Examiner will issue a Restriction Requirement Office Action which requires you to choose (or argue why the restriction is inappropriate) one of the inventions. The other applications are removed from the application but can be claimed later by filing a divisional application if filed during the pendency of the parent patent application.
Can A GUI Design Patent Protect Animations?
Yes, U.S. design patents are available for animations if we follow specific guidelines like including two or more views with descriptions that show the sequence. Think of clicking on the settings within the camera application for example, and see how the screen slid to either side from that settings page. You could patent such movement by way of a design patent as seen with Apple’s “Cover Flow” patent which protects their flipping through iTunes or their music player interface.
How Long Does It Take To Get A Design Patent?
The patent process for a GUI design patent takes roughly 14 months after it has been submitted to the USPTO. If your application receives an office action, that could extend the timeline.
What Is The Allowance Rate of Design Patent Applications?
Design patent applications in the US have a high allowance rate of approximately 84%. Allowed design applications are applications that have been examined by USPTO examiners and determined to be eligible for a design patent. The allowance rate, or percent allowed, is calculated by dividing the number of design applications allowed by the number of design applications disposed in the current fiscal year.
Need Help Filing A GUI Design Patent Application?
Design is an integral part of the user experience and companies understand this now better than ever. If you’ve put significant thought and effort into developing a unique UI to make your software stand out from competitors, it’s critical that you take measures to protect this component of your intellectual property portfolio. Design patents are an effective and cost-efficient way to protect your UI against copycats and our skilled attorneys are here to help you better understand what aspects of your UI are eligible for design patent protection.
Feel free to schedule a free consultation to get started.
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Source: https://arapackelaw.com/patents/design-patents/protecting-ui-with-design-patents/
