Graphic image design protection
The patentable graphic images include computer-generated icons and graphical user interfaces (GUIs). Any virtual graphical interfaces that are generated from electronic devices, computers or information technology products, and are displayed through such a device, may be deemed graphic images.
Unlike conventional designs where the patterns and colours consistently appear on an article, virtual and two-dimensional graphic images may appear only temporarily on the display. Therefore graphic image design must be applied to an article to be patentable, such as a screen, a monitor, a display panel, or a display apparatus. Patentable graphic image designs are categorised as follows.
Icon
An icon refers to a single graphical unit that represents a certain operational or indicative function. An icon displayed on an electronic device may represent an application, a file folder, an information indication such as battery discharge status, or a cursor or pointer. Any user of the electronic device can immediately associate the icon with its represented function by the visual image.
GUI
The GUI may be composed of several icons and their backgrounds, dialogue windows and software menus, to represent the entire operational protocol, which may enable a user of the electronic device to interact with the computer. Through the GUI a user can access the desired information while the GUI facilitates the user to operate with step-by-step guidance.
Other graphic images
Computer wallpapers, screen savers, boot screens, and avatars are also patentable graphic images in Taiwan, although they may not be patentable in other jurisdictions for the reason that they cannot enable interaction between the machine and humans. In addition, a single graphic image that is changeable through use, or can generate an animation, is also patentable.
Applicants should note the following requirements for filing a graphic image design under the new Patent Act:
Drawings
The description and drawing(s) of a design application must disclose the design in a clear and sufficient manner for it to be understood and carried out by a person ordinarily skilled in the pertinent art. The drawing(s) as filed for a design application must contain one or more views that fully disclose the appearance of the claimed graphic images.
