Two patentees each enjoy a utility model patent right. The two new patent rights are the same or equivalent, and the new patent applied for later is a duplicate authorization. New patents applied for after implementation through production, sales, etc. constitute an infringement of the new patent rights applied for first. In 2006, Su filed a ceramic tile design patent application with the State Intellectual Property Office1 and was authorized. Su filed a lawsuit on the grounds that Yang 1 produced and sold products consistent with his design patent 1 without permission, infringing his design patent rights. The outsider Yang 2 filed a design patent application 2 with the State Intellectual Property Office in 2007 and was authorized. Yang 1 entered into an exclusive implementation license contract with Yang 2 in 2008, and obtained the exclusive license right granted by Yang 2. Focus of this case: In a patent infringement lawsuit, both the plaintiff and the defendant own patent rights, and the patent rights are the same or equivalent. How should this be handled? The court found that: for the same or similar products, the plaintiff Su owned the design patent right 1 that was applied for first, and Yang 2 owned the design patent right 2 that was applied later. Since the design patent has not been substantively examined, and the design patent 1 applied for first and the design patent 2 applied for later are the same or equivalent, the design patent 2 of Yang 2 is a duplicate authorization. Defendant Yang 1 produces and sells products with design patent 2. After comparison, overall observation and comprehensive judgment, the design features are the same or similar to the plaintiff Su’s design, which constitutes an infringement of the plaintiff’s design patent rights. 1 violation. The defendant's implementation of the latter repeatedly authorized design patent 2 has constituted an infringement of the plaintiff Su's design patent right 1. The court ruled: Defendant Yang 1 should immediately stop infringing on plaintiff Su’s design patent 1.