According to the application, Land Rover filed a patent lawsuit against Lufeng X7, and the patent was invalid. However, before Land Rover applied for the patent on 201165438+10, it was earlier than the "Aurora" exhibited at the Guangzhou Auto Show on 2010+February. Jiangling Company subsequently filed a request for invalidation. 20 1 130436459.3 Land Rover Company February 6, 20 15, on the grounds that the patent does not conform to the provisions of Article 23 1 of the Patent Law, that is, the design belongs to the existing design. According to relevant laws and regulations, the Patent Office ruled that the exterior design of Land Rover Aurora was the existing design.
Land Rover's appearance design application date is 20 1 1 year 1 65438+1October 24th, while the Aurora exhibited at Guangzhou Auto Show is 201year 65438+February 20th, that is, the patent application was exhibited at the auto show near/kloc. According to the provisions of China's patent law, the design application belongs to the existing design at the time of application, which has lost its novelty and cannot be granted a patent right. Therefore, it is logical that Land Rover's design patent (Aurora) was declared invalid. This also adds great difficulty to their rights protection.
China adopts the principle of first application, that is, no matter who completes the invention and creation first, the patent right is granted to the person who applies for the patent first! Therefore, it is very important for enterprises to make a good patent layout in advance, and patent application is very important. The so-called market is not paved, patents come first! !