Applications and Limitations of Traditional Methods of Infringement Ascertainment: A Study on GUI Design Patent Infringement Cases in China

With hardware functional design modification limited, graphic user interface (GUI) design has become key for companies competing for consumers, bringing legal challenges to regulating GUI design patent infringement. To address literature gaps, this study uses typological research to analyze China’s recent GUI-related legislative and judicial situations, and a comparative approach to contrast China’s theories and practices with those of the US, EU, and Japan. Traditional design patent infringement rules adapt well to non-separated software-hardware system software GUI infringement, but struggle with application software GUI infringement. The application obstacles stems from three factors: the scope of product concepts, restrictions on product categories, and standards for infringement comparison. Obstacles arise from three factors: product concept scope, product category restrictions, and infringement comparison standards. For compatibility-induced software-hardware separation, application software should be deemed a product. Distinguishing product and design dilutes product category restrictions on the protection scope. Adopt a carrier-product dual framework, taking application software as the design patent examination subject. Under partial design protection, adjust traditional infringement rules to avoid interference from other partial features, combine partial-overall correspondence, clarify comparison scope, and judge based on overall visual effect.