Latest Development for Protection of Graphic User Interface (GUI) - Design Laws in India

A graphical user interface (GUI) is an interface which helps a user to interact with the electronic device(s). For example, the use of icons, menus and other visual indicators or representations (graphics) present in computers, tablets, smartphones, etc. The concept of GUI contemplates visual representation of configuration of icons and several elements on a touch screen. GUI is also used as a powerful differentiation of products and user experience with the ultimate aim of influencing customer decisions when buying such products.

GUIs used to be registered in India under the Indian Design laws, until the Amazon case. Despite the earlier registrations of GUI designs of Microsoft under the design laws in the past, and the Design Rules 2008 amendments, Amazon's application (Application No. 240305) pertaining to a "Graphic user interface for providing supplemental information of a digital work to a display screen" was disallowed protection by the Indian Patent Office.

Since then, the registrability of GUIs under the Design Act, 2000 have been in question.

The applicant, UST GLOBAL (SINGAPORE) PTE LTD., was denied registration of its design application no. 298921 filed on October 30, 2017, for registration of “Touch Screen” for a novel surface ornamentation which is a Graphical User Interface (GUI), by the Indian Patent Office vide order dated September 4, 2019. The stand taken by the Controller was that GUIs do not qualify as designs under Section 2(a) and 2(d) of the Designs Act. Further, the Controller's objection was based on grounds that the GUI was only operative when the computer was switched on and thus did not provide "consistent eye appeal"; that the GUI did not qualify as an article of manufacture; that the GUI was not physically accessible; and that the GUI design did not come under the ambit of the Act.

Thereafter, last year on March 20, 2023, the Calcutta High Court’s single bench of Justice Ravi Krishnan Kapur deviated from this pattern of refusing GUIs under Indian Design laws, and remanded the Assistant Controller of Patents of Designs’ order, which rejected an application to register the GUI design, and directed for a re-consideration thereof within three months after giving the appellant a fresh hearing. Findings of the case can be found here.

However, after that, the Indian Patent Office again refused to register the GUI under the Indian Design laws. Below listed are the points set forth by the Indian Patent Office:

As an alternative, GUI can be protected under Indian Copyright law and Indian Trademark laws, in India, under the artistic work category. However, its registrability under the Indian Design laws is still questionable.

About the authors: Vikrant Rana is the Managing Partner of SS Rana & Co. Dhruv Mathur is a Managing Associate and Shivam Malvi is an Associate at the Firm.

If you would like your Deals, Columns, Press Releases to be published on Bar & Bench, please fill in the form available here.