Protection of GUIs as Industrial Design Patents

Protection of GUIs as Industrial Design Patents

GUI (Graphical User Interface) design is an emerging player in the technology industry, and more so in the world of patents. For companies that are in the business of selling goods and services through websites over the internet, GUI plays a vital role in attracting their consumers. Hence, the GUIs, which often exist in the form of simple icons, visual signals, and screen layouts, have become invaluable and beneficial Intellectual Property (IP) assets that represent a business’s brand identity and goodwill. Like other assets, these GUIs are also vulnerable to get infringed, i.e., copied and used by unauthorized users. Hence, the companies, which rely on GUIs to make profits by attracting and making consumers buy from them, need to protect their GUIs. In this article, we’ll explore how Industrial Design Patents can protect GUIs, thus making them vital components of any robust IP strategy.

Depending on several aspects, different countries have different rules and laws for the protection of GUIs. In general, GUIs may be secured under Copyright and Trademark Law, but Design Patent Protection offers distinct advantages over many other forms of IP protection.

  • Design patents can protect icons and screen designs that don’t function as trademarks.
  • For obtaining protection by the Registration of Industrial Design Patent, there is no requirement of creativity, as in the case of copyright.
  • Design patents possess validity. It means although the term of a design patent registration is limited to 15 years, it rarely outlives because of the driving nature of design, especially in the graphic user interface area.
  • Unlike copyright or several other Intellectual Property Rights (IPRs) where fair use defense exists, design patent infringement isn’t available with this defense.
  • Design patent rights are easier to enforce than trademark and copyright, as no consumer survey or copying is required to prove infringement.
  • The measure of damages is a remarkable advantage. For instance, according to the rules for design patent damages – an infringer shall be liable to the patent owner to the extent of his total profit; whereas, Copyright Law limits the damages to the defendant’s profits attributable to the infringing component.
  • A design patent cannot just expand the intellectual property portfolio of the company but also increase its future asset value.

Significant Aspects Associated with GUI that Are Protectable as Design Patents

  • Firstly, novel icons related to GUI are protectable as design patents. These icons are the visual representations that display the subject matter related to the application. For example – an envelope representing e-mail, camera lens representing a camera, etc. In the case of third-party applications (apps), the app icon appears to be the most vital thing with which that particular company can convey its brand. Hence, protecting the app icon with the help of the design patent is of great importance.
  • Secondly, the GUIs that you can view when the app gets opened are also eligible to be protected as design patents. For instance, on clicking the icon, you can open the app and see the GUIs inside. At this stage, the novelty aspect is all about the GUI’s layout that includes the specific location of each element, which is also protectable. For instance, on opening a camera app, you can see the control and settings buttons displayed in a specific layout. All these are protectable as long as they are novel and nonobvious.
  • Finally, animation related to GUI is also protectable. For example, when you click on the settings of the camera app, the screen often slides to either right or left off the settings page. This type of movement in the app is protectable as a design patent. One common example of protection of such movement in GUI is the Apple ‘Cover Flow’ design patent, which safeguards flipping through albums in the music player interface and iTunes.

GUI is a booming technological area, and if we talk about GUI patents, then it is true that a major portion of the total design patent filings made worldwide is related to GUIs. Moreover, the number has been rapidly accelerating. The protection of GUI is an imperative type of Intellectual Property Protection that a developer should obtain to protect the company brand. Because of the continuous and rapid technological developments, it is expected that the future will see GUIs as essential assets for any business that wants to interact with its audience. That’s why almost all, including people, companies, national to International Industrial Design Registration service providers, etc., believe that the GUI protection must not be limited only to the software world, rather all industries should consider protecting GUIs strongly.

Design patents are what offer unique rights/ protection against GUI counterfeits and third parties, whose mimicking designs may cause the likelihoods of confusion. Furthermore, they can even help the owner to increase the value of his/ her IP portfolio, and thus, attract investors. For more visit: https://www.trademarkmaldives.com

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Microsoft Secures Patent For An Environment-Friendly Artificial Reef Datacenter

Microsoft Secures Patent For An Environment-Friendly Artificial Reef Datacenter

Microsoft, an American Multinational Technology Company, has recently received a patent for its Environmentally Friendly Ocean Floor Artificial Reef Datacenter.

Till now, Apple Inc. is the top technology company dedicated to working on environmental issues, using robots to dismantle iPhones and MacBooks for scrap metals, using recycled materials in its devices, and setting up solar farms. Moreover, it will be the first organization to use carbon-free aluminum.

The recently granted patent covering Microsoft’s work on an apparatus for promoting marine life shows that the company is thinking of joining (following Apple) the trend of Silicon Valley. The apparatus mentioned in the patent issued to Microsoft in late December 2019 includes a datacenter implemented in a vast body of water. Besides, the apparatus is coupled to a network, one or more components that further coupled to the pressure vessel supporting the surrounding ecosystem, and a pressure vessel that houses the datacenter.

Microsoft’s patent 10,524,395 titled ‘Artificial Reef Datacenter’ was issued by the U.S. Patent and Trademark Office (USPTO).

Microsoft, in its Patent Application, notified that the environmental concerns for the erosion of beaches, loss of active reefs, diminishing marine life, and other impacts have led to the installations of ocean floor artificial reefs in some areas. In general, artificial reefs are built by using objects originally developed for other purposes and then repurposed into an artificial reef. Nevertheless, these repurposed objects often raise additional environmental concerns like corrosion, and the introduction as well as the expansion of pollutants into the marine environment.

These repurposed objects also provide a less than ideal environment for the growth of reef inhabitants. Moreover, these can promote some reef life more than others, thus leading to an imbalance in the reef ecosystem. For instance, oil rigs often emit heat that creates a very warm surface inhibiting or otherwise challenging the growth for some types of reef life.

Examples and information provided in Microsoft’s Patent Application show a datacenter configured for operation while submerged in water and designed to incorporate components and features that actively attract the growth of reef inhabitants and promote marine life.

Active promotion of marine life may include:

  • Active behaviors of the datacenter, like dispersing nutrients or providing warmth in the surrounding environment
  • Datacenter design and structural decisions that lead to inviting structures and components for the colonization of marine life.

The recent patent grant appears as a great opportunity that allows Microsoft to turn its project titled Environmentally Friendly Ocean Floor Artificial Reef Datacenter into reality. Nonetheless, as no details reveal when the company would be going to do so, the world (people) can do nothing except waiting. For more visit: https://www.trademarkmaldives.com

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Sonos Enters Patent Infringement Dispute Against Google Over Smart Speaker Tech

Sonos Enters Patent Infringement Dispute Against Google Over Smart Speaker Tech

Smart speaker maker Sonos Inc. has recently filed a lawsuit against Google, claiming that the search giant has copied its patented home speaker technology.

California-based Sonos is in the business of making high-end home sound systems that users can control with their voice. Although the firm is famous for its quality indoor speakers, it also makes the related accessories, like amplifiers.

Through the Patent Infringement suits filed in the Log Angeles Federal District Court and with the U.S. International Trade Commission, the company is looking for financial damages and a sales ban on Google’s speakers, smartphones, and laptops, in the US market.

Sonos claimed that the features in the Google Home smart speakers infringed upon five of its patents, including technologies that enable their speakers to communicate and synchronize with each other wirelessly. The company further claimed that the scope of Intellectual Property (IP) infringement could be much bigger, potentially beyond the search giant.

Sonos, in a statement, said that Google had been blatantly and knowingly copying its patented technology in creating and selling the audio products under the search giant’s name. It then added that despite the repeated and extensive efforts made by its team over the last few years, Google hadn’t shown any willingness to work with it on a mutually beneficial solution.

Executives at Sonos told the New York Times that they provided Google with a list of around 100 patents found to be used unlawfully. They further told that Amazon’s Echo smart speakers are also believed to be violating a similar number of patents. Nevertheless, the company opted to limit the litigation to the lawsuit it is pursuing against Google because battling against both the tech giants at once would be a risk.

Both Google and Amazon, on their part, have strongly pushed back the Sonos’ accusations. Google said that they are disappointed with Sonos’ move where the smart speaker maker brought these lawsuits rather than continuing negotiations in good faith and that they would battle against these claims and defend them vigorously. On the other side, Amazon’s spokesperson said that the Echo family devices and their multi-room music technology were developed independently by Amazon.

It is predicted that the recently launched lawsuit against Google will only complicate Sonos’ tense partnership with the search giant and Amazon. Besides, in the big picture, the lawsuit may add fuel to the upsurging pressure tech giants are having from competitors. Sonos revealed that after it started asking for patent licensing feeds, Google added new technical caveats to their partnership. However, Congressional staff members discussed having Sonos Chief Executive Officer – Patrick Spence – testify on the matter before the House antitrust subcommittee. For more visit: https://www.trademarkmaldives.com

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What to do to Avoid Being Targeted by Copyright Trolls?

What to do to Avoid Being Targeted by Copyright Trolls?

The industries, especially apparel in the present era is being hit by an unpleasantly hot trend that leaves several retailers, apparel manufacturers, etc., in a situation where they find themselves trapped in Copyright Infringement cases made by copyright trolls. These are the entities that go after the companies or entrepreneurs by opportunistically enforcing their copyrights to make money in litigation. They employ the strategies that make it difficult for people to defend against infringement claims. In general, their strategies include the following steps:

  • First of all, they amass vast libraries or stockpiles of copyrights on an array of fabric prints, even which they may not be producing or licensing for paid distribution.
  • After that, they send out shoppers to find merchandise made of fabric that’s identical or similar to their copyrighted fabrics.

Indeed, even the basic fabric prints, including floral, paisley, geometric, and more, can be subject to infringement lawsuits. Once the copyright trolls find something, they retain Intellectual Property Law Firms to send numerous cease and desist letters and to file lawsuits. Since the litigation is risky and expensive, most companies prefer settling them outside the court rather than fighting in front of the judiciary.

For a company, which is continuously adding to its fabrics already including many, legally clearing every suit is not practical and can eat up a lot of its money and time. Hence, apparel-related businesses need to find how to avoid copyright infringement claims by copyright trolls. Besides, they also need to look for what to do to mitigate the damage if a claim is made.

Although the perfect protection is to sell only solid fabrics produced by designing your patterns, which certainly is not realistic, you can still take a few other measures to protect yourself. Some of the steps you can follow to stay safe against copyright trolls are as follows:

  • Begin by asking your textile supplier if his/her company possesses an appropriate Copyright Registration for the pattern/ design being considered to be used in your products. You can ask for evidence of the ‘original work’ authorship. In case the supplier has purchased the pattern or design to be sold to you from any third-party, you must demand a statement stating that the original copyright is being transferred to you.
  • Obtain a clear indemnification clause and shifts the burden and damages to the supplier in the event of copyright infringement lawsuits. It is a contract under which one party (supplier) commits to compensate the other for any harm arises out of the contract. The promise, by the suppliers to cover your losses if they do something that makes any third-party to sue you, should be in writing.
  • Since the policies related to copyright infringement insurance are expensive, people often ignore purchasing their own insurance. You may also be thinking to do so, but note that it is a very small cost to protect yourself and your customers from issues, like infringements, confusions, and monetary losses due to them.
  • Prefer using ‘public domain designs.’ These are the designs available without issues of copyright ownership. There are various facilities that maintain libraries consisting of thousands or more prints, which exist in nature or are already in the public domain. You can pick and use any design from these reference materials. Although you cannot copyright that design, still it will keep you out of the courtroom.
  • Last but not least, if you are not satisfied with the supplier’s response to your inquiries, then it will be in your best interest to avoid buying the pattern or design from him/ her.

Conclusion

Whether manufacturers or retailers, legitimate companies are in the business of creating products their customers will enjoy and appreciate. On the other hand, copyright trolls are in the business of targeting these legitimate companies, and thus, finding opportunities to file copyright infringement claims and seek monetary settlements. As these types of attacks are difficult to defend against, apparel companies need to be prepared for the circumstances when copyright trolls inevitably rear their ugly heads. Hopefully, the information provided in this blog will prove helpful in preventing you from being targeted by copyright trolls. However, if you still have doubts regarding anything or face any issue, you are advised to have a discussion with an experienced IP attorney. For more visit: https://www.trademarkmaldives.com

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Apple Signs Multi-year License Agreement for Imagination’s Intellectual Property

Apple Signs Multi-year License Agreement for Imagination’s Intellectual Property

UK chip designer Imagination Technologies Group has recently revealed that it’s struck a new license agreement with Apple Inc., an American Multinational Technology Company, reviewing a business relationship that had all but ended in recent years.

The company that was sold for 500 million pounds to Chinese buyout firm – Canyon Bridge Capital Partners – in September 2017, said that it formed a new multi-year license agreement in which Apple, the iPhone maker has access to a wide range of Imagination’s Intellectual Property (IP) in exchange for license fees.

In the beginning, Apple tended to use either graphics chips or GPUs (Graphics Processing Units) in its iPhones and iPads that were designed by using IPs of Imagination Technologies. However, later it moved to its own internal chip designs starting with iPhone X in 2017 and the iPad Pro in 2018. Besides these models, the US Company used its own graphics processors in Apple watches as well. Then in 2017, the company told Imagination Technologies that it would stop using their IP in new products within a small period of two years.

When it comes to Imagination Technologies, then a public company, proclaimed the loss of Apple as its biggest customer, its stock plummeted. The British company in 2018 said that there could be ‘material uncertainty’ regarding its future if Apple doesn’t pay royalties on the largest generation of iPhones and iPads.

As per several reports observed till now, it is unclear whether or not Apple has paid the fees to Imagination Technologies. However, the British company argued that it would be very challenging for Apple to design GPUs in a way that enables the American company not to pay royalties to Imagination Technologies.

If we talk about Apple, the iPhone maker often uses a combination of supplier deals and acquisitions for building up its portfolio of patents and designs. For instance, last year also, it acquired Intel Corporation’s modem unit to design cellular chips for its future devices.

Although none of the two companies specified which IP the new agreement covers, it may possibly be related to either Artificial Intelligence (AI) or graphics, two main IPs of Imagination Technologies.

Though the IP covered in the latest agreement between the two companies has not been disclosed so far, yet it is expected that the Imagination’s IPs, which are associated with AI and graphics, could be a key to the future Apple devices. For more visit: https://www.trademarkmaldives.com

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5 Benefits of Using Wood in Industrial Design

5 Benefits of Using Wood in Industrial Design

When it comes to the buildings that need to pass the test of time, wood appears to possess the necessary strength and resilience. As per many reports, wood provides the commercial and Industrial Designs with not just the outstanding durability but also a more acceptable aesthetic look over steel and concrete. Adding mass wood to the workspaces is a type of modern revival of the traditional timber post-and-beam-based design of the past. Wood, along with state-of-the-art technologies, provides the commercial and industrial designs that are expected in today’s era.

Some of the sustainable features that clarify why designers and people nowadays prefer wood in industrial design are as follows:

  1. Cost-effectiveness

According to the construction data gathered by surveying the mid-rise buildings in the United States, the cost of constructing these buildings with concrete is around 23% more than the expense of constructing them with wood. Moreover, the steel-framed spaces are around 41% more expensive than the wood-framed ones. Besides being cost-effective, the wood-framed buildings found meeting the essential requirements for an individual’s performance and safety in a better way as compared to steel and concrete ones.

  1. Adaptability and Versatility

One remarkable feature that commercial and industrial buildings should possess is flexibility. In other words, these structures should be flexible as tenants look for changes over time. For this reason, wood that offers multiple options to get the long spans essential for an open and unobstructed floor plan is preferred by most of the designers when it comes to roof-framing. Roofs made up of wood are economical, strong, and easy to install. In the case of buildings with large-sized structural grids, the panelized wood roof sounds cost-effective due to the lower material costs and quick installation time.

  1. Ease of Use

In today’s times, most of the building materials are first built off-site and then assembled in the construction field. Wood perfectly fits this trend of offsite prefabrication of elements, and thus, helps in reducing the onsite construction time. This concept ultimately makes the wood buildings comparatively fast and efficient to construct. Using wood is advantageous in terms of location also. Wood buildings are simple and quick to be constructed in areas with varying climate. These are beneficial even in urban job sites, where finding space for steel fabrication or concrete delivery and mixing can be challenging. As experienced wood contractors are widely available, wood and related components can be obtained quickly and easily.

  1. Sustainability

For projects that emphasized sustainability and the use of renewable building components, wood is often the foremost choice. Almost all from new industrial designers to professionals, who deal with providing services like Registration of Industrial Design, Industrial Design Protection, etc., prefer wood over other materials. To evaluate the advantages of using wood in the construction of big stores, let’s go through the results of a study in which a 54,800 square foot steel-framed building was compared with one constructed of wood. Though the two buildings have the same geometry, floor area, and structural layout, yet the environmental impacts of the wood building are remarkably lower than the steel-framed one. The impacts were analyzed through demolition, disposal, recovery, recycling, and reuse of the materials used in the construction. When compared to the steel building, the wood building saves 642 metric tonnes of carbon dioxide and 9,116 gigajoules of non-renewable energy. Besides these, the wood building possesses many other benefits related to raw material supply, manufacturing phase, etc.

  1. Aesthetics and Biophilic Values

A ton of studies showed that wood possesses the ability to nourish a space with warmth, texture, and visually appealing appearance. That’s why not just common people and designers but even national to International Industrial Design Registration services providers have positive associations with it. Exposed wood trusses are known for adding immediate interest to commercial and industrial buildings, and thus, setting them apart from the wide range of other similar spaces. Designers nowadays are also increasingly drawn to the biophilic benefits provided by wood. Biophilia is the inherent human tendency to seek connections with nature. Biophilic design, which is an extension of biophilia, includes natural materials, nature views, and other experiences of the natural world into the modern built environment.

These are some of the amazing benefits of using wood, especially in commercial and industrial buildings. Now, it would not be wrong to conclude that wood provides designs that bring nature into a space, which is thought to be calming for people within and nearby. Moreover, commercial buildings constructed of wood are believed to provide the working ambiance that can increase productivity. For more visit: https://www.trademarkmaldives.com

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