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.
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.We represent clients in both enforcing patent rights and defending against claims of CA Patent Infringement.
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