Does the applicant for a design patent have to be the designer himself?
Does the applicant for a design patent have to be the designer himself? There is such a controversy on a treasure: the glass sold well in store A was told that it was a product for which store B applied for an appearance patent and needed to be removed from the shelf. Although their region and suppliers are different, and Store A is indeed the designer of glass, it has not applied for a patent. How to answer such a question? Does the applicant for a design patent have to be the designer himself? The answer to the question is that the patent system in China is the first application system, which means that no matter who designs it first, as long as you don't apply for a patent, the patent system in China will not be protected. So whoever applies first and gets authorization will have the patent right. In China, the patent law is equally applicable, regardless of region. Therefore, if someone applies for a patent on the appearance of round steamed bread and gets authorization, others can't sell round steamed bread without his permission. Competitors are likely to apply for a design patent with the existing technology and get authorization, so B is entitled to complain about the goods in Store A. In this case, if you want to do it once and for all, you can only collect evidence and make a request for invalidation of his patent right (to the Patent Reexamination Board, a department of China National Intellectual Property Administration Patent Office). Therefore, we can also know that the applicant for a design patent does not necessarily need to be the designer himself, so if you want to avoid this problem, the designer himself can also apply for a design patent!