Patents available for website GUIs?

質問

Our company has developed an innovative ed-tech website interface and we were wondering if we can file for a patent regarding the design. I believe that a patent would provide great protection against competitors, but I have also read that the procedure can be quite time-consuming. Are there alternative ways to protect our GUI design from copying?

回答: 3 公開 & 0 非公開

Ashutosh choudhary
IPコンサルタント

Hi, You can file patent for this. Just file provisional patent as soon as possible and after that you can mention that the website GUI is patent protected . The overall process of getting patent granted will take 3-4 year but it will provide you good protection against competitors.
You can also go for copyright of software codes for this.

Ashutosh

Img 1964 copy
エンジニア

A patent gives you the right to exclude your competitors from practicing your invention. Whether to pursue it depends a great deal on how easy it would be for a competitor to circumvent your specific invention. A web interface would be patentable most likely as a design patent (specific look of your interface) or a process (steps methods of interacting through your interface). It would be difficult to define such an interface as only a "structure" (product patent), without incorporating method or process steps (I've filed over 60 software patents as a firmware engineer, so have some experience in filing interface applications). The issue you face is in defending your patent if you succeed. You need to at least threaten infringement of a competitor (and be able to provide their interface uses at least one of the elements you claim) but more likely need to be able to back that up with a time consuming costly infringement suit, or get them to pay you a licensing fee (which is better option, assuming you have a valuable interface).
Filing a provisional application gives you 12 months to either file a true utility application (a design patent cannot take advantage of a provisional application, if you chose a design patent for the structure of your interface). It only provides protection if you both file and receive a grant for the non-provisional utility application that follows (the costly, 3-4 years). So your decision needs to be based first on how easy it is to get around your invention (low value patent), how hard it is to discover infringement by another (hard = lower value), and how much a competitor would just as soon pay you a reasonable license fee to use your invention, or parts of it (using any part is infringement). If you have a really good invention that someone else would pay to use, then a patent has better value to pursue. In all cases, you should think much more in terms of licensing value to a competitor over exclusion. Exclusion means infringement suits -- where patents are concerned, the carrot (license) is almost always the greater value than the stick (exclusion) unless you have very deep pockets to go after what may be a large number of infringers (the web world having lots of competitors). Hope that helps!

Jerry stanton
弁理士

If you decide patenting is the right way for you, design patents can explicitly cover a GUI. It takes some time until a design patent is actually granted but not nearly as long as the more common utility patent. If your invention is in the functionality of the GUI that's best protected by a utility patent. I agree with Ashutosh's rec for the provisional patent route to get something filed quickly - the filing date is often very important. Copyright will protect your software coding, but IMO gives less robust protection.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)