Bonum Certa Men Certa

In China, GUIs Are Not Patent-Enforceable and GUI Patents Are Not Algorithms, Contrary to New Spin



Those aren't computer programs but layouts

How on Earth are such simple GUIs being patented as though they are inventions?



Summary: The patent microcosm is hoping to convince the public that in Core Wireless Licensing v LG Electronics there was some kind of triumph for software patents (at the Federal Circuit), but this has nothing to do with software (mere presentation) and China is pushing back against such patents, signaling a rethink about whether such patents should exist in the first place

AS odd as that may seem, the USPTO actually grants some patents on GUIs (and a high court defended one such patent last month). So does the EPO, with notable examples like a progress bar, slide to unlock, and even worse things (like one-click shopping).



It's amazing, isn't it? How shallow and superficial can some patents be? Do these even count as innovations at all? Not really.

So there's this new irregular case. It stands out from the crowd. The patent maximalists keep pretending it's about ۤ 101. It's not. It's not about algorithms either. A few days ago one firm wrote:

The Federal Circuit continues to provide much needed guidance (and relief) in interpreting patent eligibility under 35 U.S.C. ۤ101. In Core Wireless Licensing v. LG Electronics (Fed. Cir. January 25, 2018), the Federal Circuit affirmed the eligibility of a patent relating to an improved user interface for computing devices. The decision yields arguments and approaches for eligibility of software patents in general.


ۤ 101 was attempted as a defense, but the patent in question isn't the Alice type. In China, by contrast, GUI patents have actually suffered a blow. There's lots of spin about that, as one might expect.

"In China, by contrast, GUI patents have actually suffered a blow. There's lots of spin about that, as one might expect."A few days ago, copy-pasting Ran Wang and Xiaoyan Feng of Liu Shen & Associates in Beijing, IAM went with the misleading headline "China’s first court decision on GUI design patent infringement narrows avenues for protecting software" (but no, GUI patents are not software; there's no algorithm associated with them).

Another such copy ('prepared' piece) was cross-posted to preserve the confusion. To quote:

Patent protection for software in China is fairly strong, and as this blog has chronicled over the last few years it has gotten stronger still. But when it comes to the design and look of software, and how users interact with it, a recent Beijing IP Court ruling suggests creators may face an uphill battle in asserting their rights against copycats.

Graphical user interfaces (GUIs) are a relatively new category under China’s design patent regime. But they have been a fast-growing field, as many of the country’s leading lights in tech are software-first companies. In the increasingly competitive smartphone field, operating system and app design are key battlegrounds between domestic players.


We wrote about that last weekend. It's actually encouraging to see that even though SIPO became somewhat of a garbage dump/landfill of low-quality patents, Chinese courts are sometimes willing to stand in the way.

There might not be a future to GUI patents. Time will tell...

Recent Techrights' Posts

CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
 
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock