Brief introduction to the priority of obtaining the legitimate rights and interests of patents.

A: The so-called prior acquisition means that the date of the right 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 right, enterprise name right, patent right, etc. , can only be produced after approval and authorization, and obtained on the date of approval and authorization. For a design patent, the date of granting the patent is the date of obtaining the right. Where a design is granted a patent, 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 should be set in the following scope: (1) trademark right; (2) copyright; (3) the right of enterprise name; (four) the unique right to use the packaging and 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 may bring a lawsuit to the people's court where the infringement occurred.