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  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

Leveraging Design Patents to Protect Graphical User Interfaces

Protecting the "Look and Feel" of GUIs, Understanding Current U.S. and Global Prosecution Practices

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About the Course

Introduction

This CLE course will guide IP counsel on protecting graphical user interface (GUI) in the U.S. and worldwide. The panel will examine the advantages of design patent protection over other forms of IP and offer best practices for obtaining meaningful design protection for GUI.

Description

The use of GUI--the icons and visual indicators used to control electronic devices, phones, ATMs, computers, and other technology--to interface with users directly is now ubiquitous. As a result, GUIs have become a crucial representation of companies and their brands (remember the smartphone wars?).

In addition, given the difficulties that companies face protecting software by utility patent and the limitations on protecting GUI with trademark and copyright, design patents are becoming the "go-to" solution for safeguarding GUI from being copied or imitated.

In November 2023, the USPTO published supplemental guidance for determining whether a design claim including a computer-generated electronic image, including GUIs, is directed to statutory subject matter. This guidance provides clarification on meeting the article of manufacture requirement. Not every country provides protection for GUI designs, or if they do, the protection is limited. More importantly, with the advent of augmented reality and virtual reality, even countries that protect GUI are grappling with the challenges of protecting a GUI that is not projected on a traditional computer screen.

Listen as our authoritative panel of patent attorneys discusses best practices for protecting GUIs in the U.S. and globally, including an update on recent cases involving claims of infringement of design patents for GUI designs.

Presented By

Tracy-Gene G. Durkin
Director
Sterne Kessler Goldstein & Fox Pllc

Ms. Durkin is the practice leader of the firm’s Mechanical & Design Practice Group. With more than 35 years of experience obtaining and enforcing IP rights, she is sought out by leading consumer product companies and by colleagues around the world for her deep understanding of utility and design patents, trademarks, and copyrights. Ms. Durkin is the Vice Chair of the USPTO’s Patent Public Advisory Committee (PPAC), which advises the Under Secretary of Commerce for Intellectual Property on the policies, goals, performance, budget, and user fees of patent operations at the Office. She is also the chair of the Designs Committee for the INTA. Ms. Durkin is past chair of the Industrial Designs Committee of the IP Section of the ABA and of the Industrial Designs Committee of the American Intellectual Property Law Association. In addition, she is past vice chair of the Industrial Designs Committee of the Intellectual Property Owners Association. Ms. Durkin has been an Adjunct Professor of Law at George Mason University Law School in Virginia and has spoken internationally on topics such as the interplay between design patents and trade dress, protection of graphical user interface designs and the user experience, The Hague Agreement, trademark co-branding and licensing, IP audits and mediation. Additionally, she co-hosts the biennial Design Law Conference, which aims to foster debate on cutting-edge design-related topics.

 

Robert S. Katz
Principal Shareholder
Banner & Witcoff Ltd

Both nationally and internationally, Mr. Katz is considered one of the premier practitioners in the field of industrial designs, leading the way in the procurement and enforcement of design patents. On behalf of the firm’s clients, he has helped procure more than 10,000 design patents in the U.S. and more than 30,000 design patents/registrations outside the U.S. and has helped to successfully enforce over 100 design patents. Leaders from foreign design patent offices have consulted with him regarding industrial design policies, and he has served as an expert in design patent litigations. Mr. Katz holds leadership positions in several professional organizations, including ABA, AIPLA, FICPI and INTA. He is the past Chair of INTA’s Designs Committee and Vice President of FICPI’s U.S. Section. For the ABA Section of Intellectual Property Law, he currently serves as Liaison to FICPI. He also serves as a member of the Industrial Designs working group of the AIPLA Special Committee on Legislation. Mr. Katz is a former Chair of the Industrial Design Section for both FICPI and AIPLA, and also a member of IDSA and IPO.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, June 6, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. A brief overview of U.S. design patents
  2. Current trends in user experience
  3. The legal context for GUI design protection in the U.S.
  4. Examples of U.S. GUI design patents
  5. Advantages of design patents over trademark and copyright in the U.S.
  6. Global protection strategy: obtaining design patent protection for GUIs outside the U.S.
  7. Enforcement of GUI design rights in the U.S. and abroad
  8. Protection of designs used in augmented reality and virtual reality

The panel will review these and other critical issues:

  • Best practices for the protection of GUIs in the U.S. and globally
  • Update on recent cases involving claims of infringement of design patents for GUI designs
  • Protection for user interface designs of the future