legal ground
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Article 72 Where the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe on the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to preserve property, order the implementation of certain acts or prohibit certain acts according to law before bringing a lawsuit.