Software Case Highlights China's Unique Design Patent Law
By Junqi Hang and Xianwei Zeng ( March 8, 2018, 11:39 AM EST) -- On Dec. 25, 2017, the Beijing Intellectual Property Court issued its judgment and opinion on Qihu v. Jiangmin, the very first patent infringement dispute in China involving a graphic user interface design patent. The design-patent-in-suit was directed to a computer displayed with a GUI, and the allegedly infringing product was a software which when loaded on a user computer causes the same GUI to be displayed on the user computer. According to the Beijing IP Court, a software is not a computer, notwithstanding the same GUI display. For the analysis points to follow, this case again reminds U.S. practitioners as to how drastically different the Chinese design patent law is relative to the U.S. design patent, and how U.S. practitioners should familiarize themselves the teaching of the case so as to best represent their clients wanting design patent protection in China....
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