Scope of prior acquisition of legal rights and interests of patent

The design to which the patent right is granted shall be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the date of application, and shall not conflict with the legal rights previously obtained by others. So what is the scope of prior acquisition of the legitimate rights and interests of patents? Next, Bajie Intellectual Property takes you to know the relevant knowledge. The scope of prior acquisition of the legitimate rights and interests of a patent means that the right date is earlier than the application date or priority date of the design patent. For automatically generated intellectual property rights such as copyright, the right to use the unique packaging or decoration of well-known goods, the date when the work is produced is the date when the right is obtained; Intellectual property rights such as trademark rights and enterprise name rights can only be produced after approval and authorization. The date of authorization and approval is the date of right acquisition; For a design patent, the right shall be acquired from the date when the patent is granted. Where a patent for design is granted, although the design has obtained a patent right, if a third party has evidence to prove that it conflicts with the legitimate rights and interests of the patent previously obtained by others, it may apply for declaring the patent invalid. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. According to the characteristics of the design stipulated in this Ordinance, the conflict with the prior right to obtain the design patent shall be set in the following range: 1. Trademark right; Second, copyright; Third, the right of enterprise name; Four, the right to apply the unique packaging or decoration of well-known commodities; 5. Portrait rights, etc. The dispute over the prior acquisition of rights between design patents and intellectual property rights is mainly due to the fact that the units authorized by patents and intellectual property rights are different, and the prior rights were not examined when they were authorized. Therefore, if there is a dispute over the prior acquisition of rights, the parties concerned should bring a lawsuit to the people's court where the infringement occurred.