In order to solve the conflict between the patent right of design and other prior rights, relevant laws and regulations have made special provisions. Paragraph 3 of Article 23 of the Patent Law stipulates that a design granted a patent right shall not conflict with the legal rights previously obtained by others. The Supreme People's Court's judicial interpretation further explains "legal rights", including trademark rights, copyright, enterprise name rights, portrait rights, and the right to use the unique packaging or decoration of well-known commodities. The Patent Examination Guide (20 10) also makes detailed provisions on the examination of patent invalidation cases involving rights conflicts: when a prior obligee or interested party thinks that a design patent is suspected of infringing its prior rights, it may file a patent invalidation request with the Patent Reexamination Board of the State Intellectual Property Office. In the procedure of invalidation, the claimant shall provide evidence for his request, including proving that he is the obligee or interested party of the prior right and proving that the prior right is valid.
From a practical point of view, most of the invalid cases of design patents filed on the grounds of rights conflict involve registered trademarks and works with copyright. Very few people use other people's registered trademarks and works in patent applications without permission, and after being authorized, the implementation of the patent right will harm the legitimate rights and interests of the prior obligee.