Protection of software and UI/UX design – Copyright or patent?

Best Tools for Mobile App UI Design for Beginners

This article is written by Sneha Singhal, Galgotias university BA LLB (H.) 4^TH year during her internship under LeDroit India.

Abstract

In today’s digital age, software has become ubiquitous, permeating every aspect of daily life, from intricate operating systems to intuitive mobile applications. This widespread adoption has filed exponential growth within the technology industry. Beyond its utility in the tech sector, software is indispensable across diverse professions, including law and intellectual property. As technology continues its rapid advancement, the intellectual property industry evolves in parallel.

Among the critical elements of modern digital platforms, user interface (UI) and user experience (UX) design stands out as essential often considered the hear and soul of a website or application, UI/UX is emerging as a distinct form of intellectual property, crucial for differentiating platforms in a competitive marketplace

This article will explore the intersection of the tech world and intellectual property, specifically examining how software and UI/UX designs are protected within the IP framework. The paper will analyse which forms of IP protection, such as copyright or patent, are most suitable for each. Furthermore, this article will delve into challenges inherent in protecting these innovations, both domestically and globally. Understanding the nuances of design protection is integral for companies seeking to differentiate their applications and designs, thereby gaining a competitive edge and exceptional benefits in the marketplace.

Keywords: – Software Protection, UI/UX Design, Intellectual Property (IP), Copyright, Patent, Technology Industry, Design Protection, Market Differentiation

Introduction

Deciding how to protect your innovative software or unique UI/UX design can feel complex. Copyright or patent? Let me clarify the options to help you make an informed decision.

At its core, software comprises the programs, applications, and data that enable computer systems and devices to function. Think of It as the detailed instructions guiding a computer’s operation, particularly telling it precisely what to do, how to do it, and when to do it. Software has become indispensable in contemporary society, playing a vital role across all sectors, including communication, entertainment, commerce, and education.

Safeguarding software through intellectual property rights offers multiple benefits. It stimulates innovation, validates creative contributions, and propels technological development. Fundamentally, IP protection for software is vital for rewarding creators and granting them authority over how their software is utilized, disseminated, and commercialized.

User interface and user experience, commonly known as UI/UX, is a design which is an essential feature of a product when made. UI concentrates on the visual aesthetics of a digital product. Imagine the appeal of a new car, its aesthetics captivating your eye, its feel inviting you in, similarly, UI designers craft the visual “look and feel” of an app or website, ensuring the graphical layout is not only functional but also attractive and engaging for a broad audience.

In contrast, UX designs focus on the overall experience i.e. planning how a user feels and interacts with a product or service to ensure those interactions are easy, logical and enjoyable. For instance, the LeDroit website provides valuable legal content and courses and its intuitive design makes exploring this content straightforward and user friendly.

Essentially, UI/UX is a vital component of software, fundamentally enhancing its appeal to users. This article will delve into how UI/UX is protected under intellectual property rights law, specially examining whether copyright, patent or both, are suitable for safeguarding software and its UI/UX.

Why is IP important?

Securing Intellectual property (IP) rights for your custom software provides exclusive command over your creation. This means you can prevent others from unauthorized replication or use, allowing you to fully capitalize on your work through licensing or sales, thereby accrued royalties or fees. Beyond financial gain, protecting your unique software ideas is vital for sustaining a competitive advantage, controlling the quality and reputation of your product, and ensuring its proper use without misrepresentation.

How are software and UI/UX related?

While UI and UX is a crucial part of a software development, they also require separate protection of their own. When making a software product for a client, the UI and UX makes it different from other software present in the digital workplace. However, many new individuals aren’t familiar with the UI/UX design making their innovation and creative ideas infringed.

Copyright protection for software and UI/UX

Copyright protection automatically applies to original creative works upon their creation, encompassing both software code and unique UI/UX design elements as ‘artistic works’. This means software’s literal code and certain aspects of its user interface are inherently protected, similar to how a novel’s specific wording or a painting’s visual composition is protected, rather than the underlying plot or abstract concept.

A significant advantage of copyright is its automatic nature, no formal registration for protection to arise. However, registering a copyright can provide valuable benefits in the event of legal disputes. This protection generally lasts for a considerable duration, often for the author’s lifetime plus 70 years in many regions. Its primary strength lies in preventing unauthorized copying, distribution and adaptation of the protected work.

Despite these benefits, copyright protection has notable limitations, particularly for UI/UX designs. While it safeguards original design elements, its scope is narrow as it only applies if an alleged infringer has copied a substantial portion of the design. This makes it challenging to prevent “design arounds” or minor modifications that avoid direct copying, allowing competitors to escape liability. This drawback has made copyright less favoured for comprehensive UI/UX protection. Leading many companies to prefer the broader scope offered by design registrations.

Crucially, copyright does not protect the underlying ideas, functionalities, algorithms, or system architectures of software. This means while copyright prevents direct copying of code, it does not stop others from independently developing functionally identical software using different code. This inherent limitation often necessitates exploring other forms of intellectual property, such as patent law, to protect the functional aspects of software and the core inventive concepts behind UI/UX.

Patent protection for software and UI/UX

Design patents are granted for new original and ornamental designs embodied in or applied to an article of manufacture. Significantly this extends to interactive UI/UX elements, like the page turning feature in Apple eBooks, which is protected by a U.S. design patent. On the other hand, utility patents are issued for new and useful processes, machine, manufacture or composition of matter, or a new and useful improvement thereof.

A patent protects the underlying idea or function of a piece of software, rather than its specific expression (like code). Patents safeguards novel, non-obvious, and useful processes, methods, systems, and apparatuses. In the context of software, this could include unique algorithms, data processing techniques or system integrations.

Obtaining a software patent is generally more challenging and time consuming than securing a copyright. The process demands a thorough application demonstrating the software’s novelty and utility, which is then reviewed by patent examiners. If granted, a patent typically offers protection for up to 20 years after its filling date.

It’s clear there isn’t a single law that offers complete protection for UI/UX. Instead, various IP rights protect different components of the overall user experience. In many ways, patents are the most effective tool for protecting UI/UX for several reasons:

Functionality protection – legally, patents are much better suited to protecting functional aspects
Lower infringement thresholds- unlike copyright, which requires direct copying, patent infringement can be proven if a design is simply “sufficiently similar”, even if it’s not an exact copy.
No fair use provision- patents lack a “fair use” clause, meaning there’s no provision for limited, unauthorised use of patented material, unlike with copyrighted wors.

The primary strength of patent protection lies in its exclusivity. A patent owner possesses exclusive rights to prevent others from using, selling, or making the patented invention, even if a third party developed it independently. This offers broader protection than copyright, shielding the underlying ideas, algorithms and system architectures of software beyond the mere expression of code. Consequently, patents can prevent others from creating functionally identical software, making them a robust choice for securing groundbreaking innovations.

Global landscape of software patents

The landscape for software patents varies significantly worldwide. In the EU, the European patent convention generally doesn’t consider “software as such” to be patentable. However, the European patent office does grant patents for software when it forms part of a technical solution to a technical problem, requiring it to offer a non- obvious, inventive step beyond standard hardware-software interactions.

In contrast, countries like the U.S. adopt a more liberal stance, granting software patents more readily. Meanwhile China has seen a surge in software patent applications, reflecting its ambition to become a global tech leader. These contrasting approaches highlight the dynamic and diverse nature of software IP protection globally.

Key cases on software patentability

Ferid allani v union of india:

This landmark case significantly shaped the understanding of software patentability in india. Ferid Allani sought a patent for a method and device for accessing information sources and services on the web. His application was initially rejected under section 3(k) of the patent act, which prohibits patents for computer programs per se.

However, both the IPAB intellectual property appellate boards and later Delhi high court overturned this decision. They emphasized that if a software-based invention demonstrates a technical contribution or technical effect, it should be eligible for patent. This ruling highlighted that a strict, narrow interpretation of computer programmes per se” would hinder technological progress. Consequently, this case established a crucial precedent for software inventions that offer a technical improvement, such as enhanced computing efficiency or new technology, can indeed receive patent protection in india.

Telefonaktiebolaget LM Ericsson v Intex technologies

In this case, Ericsson accused Intex technologies of infringing its mobile technology patents, many of which would include software elements. The Delhi high court sided with Ericsson, acknowledging that the patents involved genuine technical advancements and provided a substantial technical contribution.

The court reiterated that inventions incorporating software components are patentable if they provide a technical solution to a technical problem. This decision further solidified the principle that software related inventions are not automatically excluded from patentability. The critical factor for patent eligibility remains the presence of a technical contribution that goes beyond simply implementing a software program.

Key examples of UI/UX design

Google maps: exemplifying visual hierarchy and multi – modal UX

Google maps excel in multimodal route planning, eliminating the need for separate apps for walking, cycling or public transport. This innovative UX design allows users to seamlessly explore all travel options from a single interface. By simply entering a destination, google maps provide tailored routes for any chosen mode, ensuring a smooth, frustration-free journey without app switching. This convenience underscores googles commitment to user – centric design.

IKEA’S Place App: a masterclass in user control and visual efficiency

The IKEA place app revolutionizes furniture shopping with cutting edge augmented reality (AR). This smart UX design empowers users to virtually place furniture models into their own homes using smartphone cameras. Before any purchase, customers can visualize sofas, tables and bookshelves seamlessly integrated into their living space, assessing scale, style and layout in real time. This user first approach allows for confident decisions, ensuring new pieces perfectly complement existing décor.

Instagram: a paradigm of visual efficiency and unobtrusive design

Instagram’s popularity stems from its highly efficient and balanced visual design, which enables users to scroll through endless content without feeling overwhelmed. The app’s masterful visual hierarchy dedicates the majority of screen space to user posted content, demonstrating meticulous planning. This thoughtful layout minimizes visual clutter and unnecessary elements, maximizing available space for a prime user experience. Instagram achieves this beautiful visual minimalism without compromising features, its design team cleverly ticks away options behind familiar elements like the hamburger may, keeping them accessible yet out of the way.

Different ways a software can be protected

While standard IP protections like copyrights or patents lay a strong groundwork for your software, they are not your only tools. Here are some other smart ways to boost your intellectual property’s security

Obfuscate your code- essentially, mess up your code’s readability by renaming things, making it a nightmare for anyone trying to figure out its inner workings.
Encrypt everything sensitive- lockdown critical data and functions within your software using encryption, keeping unauthorized eyes out
Add tamper detection- build in features that notice if someone’s tried to mess with your software, perhaps setting off an alarm or even shutting it down.
Use version control diligently- track every single change to your code. This not only helps you fix mistakes easily but also identifies where any unauthorized copies might have come from.
Watermark your software- embedded secret digital signatures into your product. If its ever copied without permission, you’ll have a clear mark of ownership.

Conclusion

Navigating the landscape of intellectual property protection for software and UI/UX design is clearly not a matter of choosing a single better option. As this article has demonstrated, both copyright and patent protection offer distinct advantages and address different facets of innovation, making a combined or layered strategy often the most robust approach.

Copyright provides immediate, automatic protection for the literal expression of software code and the artistic elements of UI/UX design. Its ease of acquisition and long duration make it an indispensable baseline, effectively preventing direct copying and unauthorized distribution of the software itself. However, copyright’s inherent limitation is that it protects expression, not ideas or functionally identical software built with different code, meaning it doesn’t secure the underlying innovative concepts order experience flows.

Conversely, patents step in where copyright falls short. Utility patents are crucial for protecting the functional heart of software which are novel algorithms, unique processes, and innovative system architectures. They offer a powerful exclusivity, preventing others from independently developing or using the same core functionality even if the code is different. For UI/UX, design patent specifically safeguards the ornamental “look and feel”, “providing a strong barrier against visually similar designs that might not be direct copies but infringes on the aesthetic innovation. While more challenging and time- consuming to obtain, the broader scope and lower infringement threshold of patents make them invaluable for truly groundbreaking software and distinctive UX/UX elements.

In essence, neither copyright nor patent alone offer comprehensive protection for a complex software product with an integrated UI/UX. Copyright acts as the initial shield against direct replication, safeguarding the storytelling (the code) and the artwork (the specific visual elements). Patents, on the other hand, protect the plot (the underlying functional invention) as the “distinctive aesthetic” (the ornamental design).

Therefore, the most effective strategy for software and UI/UX is to adopt a multi-faceted IP strategy. Leveraging copyright for automatic rotation of the code and specific artistic expressions, pursuing utility patents for novel functionalities and processes, securing design patents for unique visual interfaces provides the strongest and most encompassing defence against infringement. This layered approach, complemented by internal measures like obfuscation, encryption and version control, is vital for companies to differentiate their products, maintain a competitive edge, and fully capitalize on their creative and technological innovations in the dynamic digital marketplace.

References

https://www.morningtrans.com/protecting-your-apps-gui-at-the-5-most-frequently-filed-patent-offices

https://www.lexology.com/library/detail.aspx?g=fd26c2f9-f375-4a54-bca5-2b20abf33167