Bonum Certa Men Certa

Graphical User Interfaces (GUIs) Are Not Inventions, But Sites of the Patent Microcosm (e.g. IAM) Want Us to Believe Otherwise

China and South Korea among the latest under the microscope

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



Summary: In China and elsewhere the patent maximalists now get patents on GUIs (cascading or otherwise); Section 101 is not exactly designed to deal with such an absurdity

THINGS have gotten ridiculous. Some patents which are being granted nowadays (especially in countries like China) are borderline parodies. At Sun, engineers used to joke about the sorts of patents they could get examiners at the USPTO to approve/grant; they even mocked examiners for granting what they had drafted as (almost) practical jokes. WIPO is happy though because the number of annual patent grants continues to climb. More money for WIPO!



I'm not writing this site as a lobbyist or as a self-serving exercise. In fact, it doesn't affect my job in any way. It's almost orthogonal to it. I have been developing software since I was 14 and I created many GUIs in my lifetime (dozens of programs with GUIs, using half a dozen different toolkits); people don't 'invent' GUIs but simply design or piece them together, changing placement of buttons or menu items over time at risk of confusing users who have habits (muscle memory). The developers don't actually claim this to be an "invention" and it's barely even like a painting. The element of consistency for predictability is essential for users. That's where so-called 'UX experts' creep in.

Anyway, China's patents (in Mandarin) are of low quality, but these are difficult for Westerners to assess because very few of them comprehend Mandarin. IAM, being IAM, is making excuses for China. Yesterday it wrote this piece about SIPO and added: "Patent application rates in China are slowing and examiners are getting tougher."

Or maybe they've just run out of nonsense to file. It's far too late for examiners to get "tough" (after many rubbish patents were granted). We occasionally read about some of these patents, including for instance patents on GUIs (not a joke!) and earlier this week Managing IP posted another example of this. "GUI design patents in China after first infringement decision" is the headline and it's about China's Mandarin-only, low-quality patents (even patents on GUIs!). This won't do their economy any good, but perhaps they obey Xi's objective of just filing lots of patent applications (nearly 1.5 million per year!) to keep up the illusion of parity with the West in relation to so-called 'IP' (the US wants to use that card to impose sanctions and possibly fines on China). Anyway, here is what Managing IP wrote about the Beijing IP Court a few days ago:

Observers bemoan the lack of clear guidance after Beijing IP Court judge rules there was no infringement of a GUI design patent in a highly-anticipated case

China saw its first GUI infringement case since graphical user interface (GUI) design was classified and protected as a type of design patent on May 1 2014.


So this is pretty recent. But don't think for a second that only China stooped low enough for this foolishness. As if software patents weren't bad enough (they're more profound than mere buttons and often refer to implementation of callback functions for respective buttons).

The US Court of Appeals for the Federal Circuit (CAFC), where no judge is familiar (firsthand) with the process of software development, has just given an adrenaline rush to the patent microcosm. Early coverage of this came from Patently-O. This is already being cited by vocal patent maximalists and it says the following:

In a split opinion, the Federal Circuit has affirmed Core Wireless win over LG Electronics [DECISION] – finding the asserted patent claimed eligible subject matter and refusing to disturb the district court’s judgment of no-anticipation and infringement. U.S. Patent Nos. 8,713,476; 8,434,020; and 6,415,164 (UK Priority Date of July 2000). The patents here are directed to user-interfaces — basically users are shown a menu of applications; Selecting on an application takes the user to an “application summary” that includes functions of the application and files (“data”) associated with each application that can be selected to launch the application and enable the file to be seen within the application.

[...]

Holding: Claims are not directed to an abstract idea and therefore are eligible under Alice Step 1.

All judges on the panel agreed with this holding. The disagreement between the majority (Moore & O’Malley) and Dissent-in-Part (Wallach) comes over the definition of the claim term “unlaunched state.” The majority construed the term as “not displayed” while the dissent argues that it should be construed as “not running.” The two definitions result in differing treatment of apps that are running in the background. The changed construction result would likely impact both the infringement and anticipation conclusions. For its part, the majority explained that the patent used the word “launch” in several instances to be synonymous with “displayed” – thus leading to its conclusion.


Patent extremists have gotten so excited that they enter "ALL CAPS" mode and note that it's "PRECEDENTIAL". This actually hurts a Korean company, LG, and we hope LG will appeal in order to ensure that the Supreme Court gets a chance to overturn this terrible decision. Does the US really want to enter the crazy realm of patents on GUIs?

Speaking of Korea, LG Chem got mentioned by IAM in relation to Intellectual Discovery, which is proving to be a Korean disaster; it's a waste of money, it might dissolve into the hands of patent trolls. IAM of course supports all that. To quote:

Intellectual Discovery, South Korea’s sovereign patent fund, will lead the effort. “I believe it would be a win-win situation for the patent holder and potential licencees,” says Dongsuk Bae, who heads ID’s licensing division. Bae adds that LG Chem is open to discuss a range of licence terms apart from just exclusion of competitors. Like many large Korean corporates, LG Chem has not previously focused on licensing out technology. Min says the decision to engage ID came down to both the firm’s international experience and its ability to act as an intermediary: “We want someone who can help us find a partner in China, as well as someone who can help a partner understand our intentions and the benefits of a deal."


Well, partnering in China because Korean companies such as Samsung are being bullied by Chinese giants like Huawei and various patent trolls? In this current atmosphere of patent maximalism in China Samsung and LG might be better off just exiting the Chinese market altogether (not easy as they rely on manufacturing in mainland China). Sure, Huawei can still sue them in other countries, but not with the same litigation success rates.

Recent Techrights' Posts

"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
 
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025