Navigating the Surge in GUI Design Patent Applications

Attorneys have seen an uptick in applications filed for patents related to graphical user interfaces (GUI) in recent years. “User interfaces have grown considerably over the past decade. Today, they are not only on computers and mobile devices—but also embedded into watches, automobiles, and even home appliances,” Finnegan partner Beth Ferrill explained to World Intellectual Property Review. Beth said that according to US Patent and Trademark Office (USPTO), the “art units that include user interfaces designs continue to grow.”

“In the US, the term ‘user interface’ is typically understood to include static (single-frame) designs as well as animated (multi-frame) designs. User interfaces may include icons, wait symbols, animated elements, screen layouts, etc.,” she added.

The use of screens in everyday life has increased significantly over the years. With that, so has the number of design patents for GUIs. Beth notes that there is a critical link between user interfaces and a brand’s identity.

“A company’s user interface is the primary way in which customers interact with the company’s product [and] there is a certain ‘brand feel’ to particular interfaces. Companies have found that protecting this brand feel is an important way of differentiating from competitors. Consider the myriad of differences between using the Microsoft Windows operating system and the Apple Mac operating system,” said Beth.

Beth expects an increase in design patent filings as well as an increase in complicated filings. “Applicants may try more complicated claiming schemes in order to protect their augmented reality and virtual reality user interface designs in addition to the traditional user interfaces displayed on screens.”

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