Bonum Certa Men Certa

Graphical User Interfaces (GUIs) Are Not Inventions, But Sites of the Patent Microcosm (e.g. IAM) Want Us to Believe Otherwise

China and South Korea among the latest under the microscope

How on Earth are such simple GUIs being patented as though they are inventions?



Summary: In China and elsewhere the patent maximalists now get patents on GUIs (cascading or otherwise); Section 101 is not exactly designed to deal with such an absurdity

THINGS have gotten ridiculous. Some patents which are being granted nowadays (especially in countries like China) are borderline parodies. At Sun, engineers used to joke about the sorts of patents they could get examiners at the USPTO to approve/grant; they even mocked examiners for granting what they had drafted as (almost) practical jokes. WIPO is happy though because the number of annual patent grants continues to climb. More money for WIPO!



I'm not writing this site as a lobbyist or as a self-serving exercise. In fact, it doesn't affect my job in any way. It's almost orthogonal to it. I have been developing software since I was 14 and I created many GUIs in my lifetime (dozens of programs with GUIs, using half a dozen different toolkits); people don't 'invent' GUIs but simply design or piece them together, changing placement of buttons or menu items over time at risk of confusing users who have habits (muscle memory). The developers don't actually claim this to be an "invention" and it's barely even like a painting. The element of consistency for predictability is essential for users. That's where so-called 'UX experts' creep in.

Anyway, China's patents (in Mandarin) are of low quality, but these are difficult for Westerners to assess because very few of them comprehend Mandarin. IAM, being IAM, is making excuses for China. Yesterday it wrote this piece about SIPO and added: "Patent application rates in China are slowing and examiners are getting tougher."

Or maybe they've just run out of nonsense to file. It's far too late for examiners to get "tough" (after many rubbish patents were granted). We occasionally read about some of these patents, including for instance patents on GUIs (not a joke!) and earlier this week Managing IP posted another example of this. "GUI design patents in China after first infringement decision" is the headline and it's about China's Mandarin-only, low-quality patents (even patents on GUIs!). This won't do their economy any good, but perhaps they obey Xi's objective of just filing lots of patent applications (nearly 1.5 million per year!) to keep up the illusion of parity with the West in relation to so-called 'IP' (the US wants to use that card to impose sanctions and possibly fines on China). Anyway, here is what Managing IP wrote about the Beijing IP Court a few days ago:

Observers bemoan the lack of clear guidance after Beijing IP Court judge rules there was no infringement of a GUI design patent in a highly-anticipated case

China saw its first GUI infringement case since graphical user interface (GUI) design was classified and protected as a type of design patent on May 1 2014.


So this is pretty recent. But don't think for a second that only China stooped low enough for this foolishness. As if software patents weren't bad enough (they're more profound than mere buttons and often refer to implementation of callback functions for respective buttons).

The US Court of Appeals for the Federal Circuit (CAFC), where no judge is familiar (firsthand) with the process of software development, has just given an adrenaline rush to the patent microcosm. Early coverage of this came from Patently-O. This is already being cited by vocal patent maximalists and it says the following:

In a split opinion, the Federal Circuit has affirmed Core Wireless win over LG Electronics [DECISION] – finding the asserted patent claimed eligible subject matter and refusing to disturb the district court’s judgment of no-anticipation and infringement. U.S. Patent Nos. 8,713,476; 8,434,020; and 6,415,164 (UK Priority Date of July 2000). The patents here are directed to user-interfaces — basically users are shown a menu of applications; Selecting on an application takes the user to an “application summary” that includes functions of the application and files (“data”) associated with each application that can be selected to launch the application and enable the file to be seen within the application.

[...]

Holding: Claims are not directed to an abstract idea and therefore are eligible under Alice Step 1.

All judges on the panel agreed with this holding. The disagreement between the majority (Moore & O’Malley) and Dissent-in-Part (Wallach) comes over the definition of the claim term “unlaunched state.” The majority construed the term as “not displayed” while the dissent argues that it should be construed as “not running.” The two definitions result in differing treatment of apps that are running in the background. The changed construction result would likely impact both the infringement and anticipation conclusions. For its part, the majority explained that the patent used the word “launch” in several instances to be synonymous with “displayed” – thus leading to its conclusion.


Patent extremists have gotten so excited that they enter "ALL CAPS" mode and note that it's "PRECEDENTIAL". This actually hurts a Korean company, LG, and we hope LG will appeal in order to ensure that the Supreme Court gets a chance to overturn this terrible decision. Does the US really want to enter the crazy realm of patents on GUIs?

Speaking of Korea, LG Chem got mentioned by IAM in relation to Intellectual Discovery, which is proving to be a Korean disaster; it's a waste of money, it might dissolve into the hands of patent trolls. IAM of course supports all that. To quote:

Intellectual Discovery, South Korea’s sovereign patent fund, will lead the effort. “I believe it would be a win-win situation for the patent holder and potential licencees,” says Dongsuk Bae, who heads ID’s licensing division. Bae adds that LG Chem is open to discuss a range of licence terms apart from just exclusion of competitors. Like many large Korean corporates, LG Chem has not previously focused on licensing out technology. Min says the decision to engage ID came down to both the firm’s international experience and its ability to act as an intermediary: “We want someone who can help us find a partner in China, as well as someone who can help a partner understand our intentions and the benefits of a deal."


Well, partnering in China because Korean companies such as Samsung are being bullied by Chinese giants like Huawei and various patent trolls? In this current atmosphere of patent maximalism in China Samsung and LG might be better off just exiting the Chinese market altogether (not easy as they rely on manufacturing in mainland China). Sure, Huawei can still sue them in other countries, but not with the same litigation success rates.

Recent Techrights' Posts

Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
 
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day
Site Archives (Not WordPress)
We've finally finished the work
[Meme] The EPO Delusion
on New Ways of Working
EPO Representatives Outline Latest Attacks on Staff
Not much has happened recently in terms of industrial action
Links 18/05/2024: Revisiting the Harms of Patent Trolls, Google Tries to Bypass (or Plagiarise) Sites Under the Guise of "AI"
Links for the day
Links 18/05/2024: BASIC Story, Site Feeds, and New in Geminispace
Links for the day
GNU/Linux in Kyrgyzstan: From 0.5% to 5% in Eight Years
the country is almost the size of the UK
Justice for Victims of Online Abuse
The claims asserted or pushed forth by the harasser are categorically denied
[Meme] Senior Software Engineer for Windows
This is becoming like another Novell
Links 18/05/2024: Deterioration of the Net, North Korean IT Workers in the US
Links for the day
Windows in Lebanon: Down to 12%?
latest from statCounter
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Links 18/05/2024: Caledonia Emergency Powers, "UK Prosecutor's Office Went Too Far in the Assange Case"
Links for the day
Microsoft ("a Dying Megacorporation that Does Not Create") and IBM: An Era of Dying Giants With Leadership Deficits and Corporate Bailouts (Subsidies From Taxpayers)
Microsoft seems to be resorting to lots of bribes and chasing of bailouts (i.e. money from taxpayers worldwide)
US Patent and Trademark Office Sends Out a Warning to People Who Do Not Use Microsoft's Proprietary Formats
They're punishing people who wish to use open formats
Links 18/05/2024: Fury in Microsoft Over Studio Shutdowns, More Gaming Layoffs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 17, 2024
IRC logs for Friday, May 17, 2024
Links 18/05/2024: KOReader, Benben v0.5.0 Progress Update, and More
Links for the day