Screen In: How Counsel Protect Graphical User Interfaces

Graphical user interfaces (GUIs) are interactive screens that allow users to interact with software through visual representations. GUIs were once used in just a few products, such as phones and laptops, but now they can be found in cars, refrigerators, and microwaves. Companies can protect GUIs with utility and design patents, trade dress, and copyrights, but each form of protection has its challenges. Managing Intellectual Property interviewed Finnegan partner Beth Ferrill for her thoughts on protecting GUIs.

When considering design patents for GUIs, counsel could find it tough to differentiate designs from prior art. Patent examiners not only search design patents, but they also search utility patent registers and literature, so counsel have to strike a balance on the breadth of their design patents. Beth says companies could open themselves up to prior art challenges if they sought overly broad protection. But they may find it hard to enforce their designs if they make them too narrow.

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