Wednesday, April 25, 2012

FOREIGN VIABILITY FOR UTILITY PATENTS ON USER INTERFACE FEATURES


Recent decisions in EU have confirmed that user interface features meet the patentability requirements of the EPO, ruling Apple’s slide to unlock user interface solves a technical problem using a technical feature that has a technical effect.  

Apple has succeeded in the German courts, enforcing a patent for a user interface feature for its mobile devices. The ruling demonstrates the value of European patents for "software" inventions where a "technical" effect can be demonstrated. The claims in the granted patents and the problems that they solve provide insight about what features of a user interface might be regarded as "technical" by the EPO. The advantages to a software developer of being able to patent innovative interface features that are important to the "look and feel" of the device and the software running on it are self-evident.  (Full article – here)

Where the technical effect or technical nature of the feature of your user interface is a more difficult question, design patents may provide some protection.  Design patents can also support a protection strategy that involves both utility and design filings.  Involving both utility and design filings can help insure a minimum level of protection especially where it is difficult to make out an argument for a specific technical feature having a technical effect.