The protection of Graphical User Interface (GUI) designs within the framework of industrial design patents represents a significant adaptation of intellectual property law to the digital age. In China, this protection is specifically accorded to the visual design of an interface as physically embodied in a tangible product, not to the underlying software or abstract imagery. The patentability of such designs is governed by a precise set of statutory and regulatory criteria, which establish both the boundaries of protectable subject matter and the formal requirements for securing rights.
Fundamental Criteria for Protection
The grant of a design patent for a product incorporating a GUI is conditional upon meeting several core requirements. Primarily, the design must be embodied in an article of manufacture. The interface cannot be protected in isolation; it must be an integrated feature of a physical product such as a mobile communication device, computer, wearable gadget, household appliance, or vehicle. A standalone icon or graphic pattern, divorced from any product, falls outside the scope of protectable subject matter. Conversely, the same icon integrated into the operative interface of a specific device constitutes an eligible design.
Furthermore, the design must possess novelty. It cannot consist solely of geometric shapes, patterns, or layouts considered commonplace or conventional within the relevant field. For instance, a standard mobile phone unlock screen featuring a conventional grid of circular number keys, or a partial design for a typical telephone dial-pad, would be deemed lacking in novelty and therefore unpatentable.
A defining requirement for GUI-related designs is a demonstrated relation to human-computer interaction. The interface must be conceived for the purpose of enabling the user to control, operate, or otherwise meaningfully interact with the product. This interaction can be facilitated through various means including touch, gesture, voice, or traditional input devices. Consequently, purely static, decorative, or informational displays are categorically excluded. This exclusion encompasses device wallpapers, power-on/off animations, software welcome screens, and website layouts that function merely as passive arrangements of text and images without interactive functionality.
When protection is sought not for the entire product interface but for a specific portion thereof—known as a partial or local design—an additional criterion applies. The selected portion must form a visually distinct and relatively self-contained design unit within the overall product. An arbitrarily cropped section of an interface, which does not present itself as a complete compositional element, fails to satisfy this requirement.
It is also explicitly stipulated that game interfaces are wholly excluded from design patent protection. This exclusion applies comprehensively to the overall visual presentation of a game, as well as to functional modules and setting windows contained within such an interface, regardless of whether protection is sought for the whole or a part.
Documentary Requirements and Strategic Considerations
The application process demands precise documentation to delineate the scope of protection sought. The product name must clearly indicate the GUI’s specific purpose, include the term "Graphical User Interface," and identify the product to which it is applied. For dynamic interfaces, the term "dynamic" must be incorporated; for partial designs, the name of the protected portion must be specified.
The views—comprising drawings or photographs—must clearly and fully disclose the design. This includes providing sufficient views to show the product (if claimed), a primary view for the GUI's initial state, and sequential state change diagrams for dynamic or multi-state interfaces. If the GUI is small relative to the product, an enlarged view is necessary. The Boundaries of the GUI must be clear, using solid lines and dashed lines to distinct protected areas from non-protected or product outlines, with explanations in the brief description if necessary. Essential textual elements that clarify the interface's function and interactivity must be legibly presented and cannot be omitted or generically replaced.
The brief description is a critical component for interpretation. It must state the product's use, the GUI's use, and crucially, the "essence of the design," which must include the GUI. It can also clarify the GUI's location, interaction method, and change process.
Applicants have strategic flexibility in how they file, primarily choosing between an "overall product design" application (protecting both the GUI and the product's shape) and a "partial design" application (protecting only the GUI itself). The partial design route can be pursued in two ways: by showing the GUI positioned on a dashed-line outline of the product to indicate context, or by showing the GUI alone for interfaces intended for broad application across unspecified "electronic devices." For dynamic GUIs, a sequence of views that definitively captures the continuous, directional change process is required.
Unity of Application and the Concept of Similar Designs
The general principle is that one application should be limited to a single design. However, an important exception allows multiple "similar designs" for the "same product" to be filed together in a single application, with a limit on the number of such variants.
The determination of what constitutes the "same product" is fundamental. The product carrying the GUI must be identical in kind. A design applied to a "mobile phone" and another applied to a "computer" are considered different products. However, if the design is filed in the "partial design" format without a specific product, generically naming the carrier as "electronic device," then different GUI designs with varying proportions may still be considered as pertaining to the same product type for the purpose of a similarity-based combined application.
Assessing "similarity" involves a judgment of the overall visual impression. For designs claiming both the GUI and the product shape, both elements are evaluated together. For multi-state or dynamic GUIs, the entire sequence and its logical flow are considered as a whole. In the case of partial designs, the comparison focuses solely on the protected portion; unclaimed areas of the interface or product serve only to indicate context and proportion and are not part of the similarity analysis. Furthermore, multiple interface states that are connected by a unique and consistent logical progression, such as a dynamic animation or a sequential menu drill-down, can be claimed as a single design.
Critical Compliance and Ethical Considerations
Several important compliance rules must be observed. Content that is not part of the GUI design itself—such as displayed media, product photos, or news articles within an application window—should generally not form part of the claimed design in the primary views. Such "content display" areas are typically shown blank, marked with placeholders, or covered with a uniform or translucent shading in the application drawings, with their variable nature explained in the brief description.
If a design incorporates map imagery, it must use a standardized map from official sources, with national boundaries depicted in strict accordance with Chinese regulations. The use of special symbols, such as logos for major events, requires proof of authorization. Most importantly, the design must not conflict with prior legitimate rights—such as trademarks, copyrights, or portrait rights—that were obtained by others before the patent application's filing date.
In conclusion, obtaining design patent protection for a GUI is a structured process that requires the design to be novel, industrially applied to a product, and fundamentally interactive. Success hinges on meticulously prepared application documents that accurately define the protectable subject matter, a strategic choice of filing format aligned with commercial goals, and strict adherence to rules governing content representation and respect for prior rights. This framework aims to secure robust protection for genuine interface innovation while maintaining the legal clarity and integrity of the design patent system.
Source Reference：
This article is a professional exposition and analysis compiled based on the official guidance document Guidelines for Patent Applications for Product Designs Involving a Graphical User Interface published by the China National Intellectual Property Administration (CNIPA) in December 2025. The content, including all principles, criteria, classifications, and examples, is strictly derived from and structured upon the aforementioned source document.
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