Does the design applicant's use of other people's works of art invalidate the design patent?

Design needs novelty. "Existing design" in Article 23 of the Patent Law not only refers to appearance design, but also includes works of art, etc. Obtaining the permission of the artist only means that it will not conflict with the previous legal rights, but it does not mean that the content of the design is new! !

Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.

Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.