Software Case Highlights China's Unique Design Patent Law

By Junqi Hang and Xianwei Zeng (March 8, 2018, 11:39 AM EST) -- On Dec. 25, 2017, the Beijing Intellectual Property Court issued its judgment and opinion on Qihu v. Jiangmin, the very first patent infringement dispute in China involving a graphic user interface design patent. The design-patent-in-suit was directed to a computer displayed with a GUI, and the allegedly infringing product was a software which when loaded on a user computer causes the same GUI to be displayed on the user computer. According to the Beijing IP Court, a software is not a computer, notwithstanding the same GUI display. For the analysis points to follow, this case again reminds U.S. practitioners as to how drastically different the Chinese design patent law is relative to the U.S. design patent, and how U.S. practitioners should familiarize themselves the teaching of the case so as to best represent their clients wanting design patent protection in China....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!