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Decision of the State Intellectual Property Office on Amending the Patent Examination Guidelines

SIPO decides to make the following amendments to the Patent Examination Guidelines (hereinafter referred to as the "Guidelines"):

1. Amendments to Section 4.2 in Chapter III of Part 1

A new paragraph is added following Paragraph 3 of Section 4.2 in Chapter III of Part 1 in the Guidelines as follows:

As for a product design that covers a graphical user interface, the overall view of the product design shall be submitted. If the graphical user interface is a dynamic pattern, the applicant shall submit at least one overall view of the product design in one state and may submit views of key frames in other states. The view submitted shall be the only one that can determine the changing trend of the animation in the dynamic pattern.

There is no other modification in this section.

   

2. Amendments to Section 4.3 in Chapter III of Part 1

A new paragraph is added following Item (6) of Paragraph 3 of Section 4.3 in Chapter III of Part 1 in the Guidelines as follows:

(7) As for an application for a product design patent that covers a graphical user interface, the purpose of the graphical user interface, area of the product where the graphical user interface locates, means of human-machine interaction, and changing states shall be illustrated if necessary.

There is no other modification in this section.

3. Amendments to Section 7.2 in Chapter III of Part 1

The last sentence of Paragraph 3 of Section 7.2 in Chapter III of Part 1 in the Guidelines, which says "The pattern of a product should be unchanged and visible, and should not be visible only under certain conditions", is deleted."

There is no other modification in this section.

   

4. Amendments to Section 7.4 in Chapter III of Part 1

Item (11) of Paragraph 1 of Section 7.4 in Chapter III of Part 1 in the Guidelines is modified as follows:

(11) Patterns shown in game interfaces and product display devices that have nothing to do with the human-computer interaction or realization of product function, such as graphic layouts of electronic screen wallpapers, startup and shutdown animations, and web pages.

There is no other modification in this section.

   

5. Amendments to Section 6.1 in Chapter V of Part 4

A new paragraph is added following Item (4) of Paragraph 2 of Section 6.1 in Chapter V of Part 4 in the Guidelines as follows:

(5) As for a product design that covers a graphical user interface, if the design of the remaining parts of the involved patent is a usual design, the graphical user interface has a more significant influence on the overall visual effect.

There is no other modification in this section.

   

This Decision shall enter into force on May 1, 2014.