Guidelines for Patent Examination (2019) will come into force from 1st Nov. 2019

On 23rd Sep. 2019, SIPO released the newly amended “Guidelines for Patent Examination”, which will come into force from 1st Nov. 2019. The amended version has amended many aspects, among which the amendment on the examination on the design patent related to Graphic User Interfaces (“GUI”) is eye-catching.

1. Requirements on the product’s name

The amended version requires the name should indicate GUI’s main purpose and the products to which it is applied. Generally, there must be keywords of “graphical user interface” and a key word of “dynamic” shall be contained in the product name of the dynamic GUI.

2. More detailed requirements on the pictures and photos

The original version only requires the applicant to provide at least a view of one session of the whole GUI. The amended version sets different requirements for 4 categories.

(1) Where the design essentials only lie in GUI, an orthographic view of a display screen panel containing the GUI shall be submitted at minimum.

(2) Where the size, position, and proportional relation of the graphical user interface design need to be clearly indicated in the final product, an orthographic view of an ultimate product of the side in which the GUI is involved shall be submitted.

(3) Where a GUI is a dynamic pattern, an applicant shall submit an orthographic view of the side in which the GUI is involved under a status as the main view; and for the remaining status, the applicant may only submit the view of the key frame of the graphical user interface as the change status view.

(4) For a GUI for operating a projection device, besides a view of the GUI, a view that clearly shows the projection device shall be submitted at minimum.

3. Brief description

Where only an orthographic view of the display screen panel containing the GUI is submitted, the brief description shall add the ultimate products to which the display screen panel of the GUI is applied shall be listed; and the area, human-computer interaction method, and changing process, among others, of a GUI in the product shall be specified, if necessary.

In addition, the amended version has also further stipulates the issues related to divisional application, such as the timing of filing, applicants and inventors, and the procedures on change of ownership. It has also added the exceptions related to “violating social morality.”