In what aspects is the stability of design patents
About the stability of patent rights Sexual problems manifest themselves in practice as follows: on the one hand, applicants improperly apply for and obtain patent rights for technical solutions that do not meet the requirements of the patent law; on the other hand, during the review process, due to institutional factors, Wrong patent rights are granted to technical solutions that should not be authorized, resulting in the proliferation of inferior patents.
The design granted a patent right under Article 23 of the Patent Law shall not be an existing design; nor shall any unit or individual have filed a patent for the same design. The design has been applied to the patent administration department of the State Council before the application date, and is recorded in the patent documents published after the application date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date. The term "existing designs" as used in this Law refers to designs that are known to the public at home and abroad before the date of application.
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