Legal Definitions - pattern similarity

Pattern similarity refers to a type of resemblance between two creative works where the similarity lies not in identical words, images, or specific details, but in the underlying structure, organization, sequence of events, or overall arrangement of elements. It's about the shared "pattern" or "framework" that gives the works a substantially similar overall impression, even if the individual components are different. This concept is often crucial in copyright law to determine if one work has infringed upon another by copying its fundamental design or flow, rather than just specific literal expressions.

Here are some examples to illustrate pattern similarity:

• Literary Works: Imagine two fantasy novels. The first novel features a young, orphaned protagonist who discovers a hidden magical ability, is whisked away to a secret academy for gifted individuals, forms a trio of close friends, and ultimately confronts a powerful, dark sorcerer responsible for their parents' demise. The second novel, written by a different author, tells the story of a young, abandoned hero who uncovers a latent psychic power, enrolls in an exclusive institute for extraordinary talents, develops a strong bond with two companions, and eventually battles a formidable, shadowy organization linked to their family's tragedy.

  This illustrates pattern similarity because, while the specific details (magic vs. psychic, sorcerer vs. organization) and names are different, the fundamental narrative structure, the sequence of the protagonist's journey, the character archetypes, and the core conflict follow a remarkably similar pattern. The underlying "story skeleton" is alike, even if the surface-level "flesh" is distinct.

• Software User Interfaces: Consider two different mobile applications designed for managing personal finances. App A features a main dashboard displaying account balances at the top, followed by a scrolling list of recent transactions, and a bottom navigation bar with icons for "Budget," "Reports," and "Settings." App B, developed independently, also presents account summaries prominently at the top, followed by a similar scrolling transaction history, and a bottom navigation bar with icons labeled "Spending," "Analytics," and "Preferences."

  This demonstrates pattern similarity because, despite using different labels and icons, the overall layout, the hierarchy of information, the sequence of user interaction, and the placement of key functional elements create a substantially similar user experience and organizational pattern. It's not about copying the exact code or graphics, but the fundamental design and flow of the interface.

• Architectural Designs: Picture two distinct residential housing developments. Development X features homes characterized by a unique split-level floor plan, a prominent central staircase, and a specific arrangement of large windows on the front facade that creates a distinctive visual rhythm. Development Y, built by a competing firm, uses different construction materials and slightly varied dimensions, but incorporates the same split-level concept, a similarly positioned central staircase, and an almost identical pattern of large front-facing windows, resulting in a very similar overall architectural aesthetic and internal spatial experience.

  This exemplifies pattern similarity because, even with variations in materials and precise measurements, the fundamental architectural "pattern"—the unique floor plan, the key structural elements, and the distinctive exterior design features—is replicated, leading to a substantially similar overall impression and functional layout.