Patent right, referred to as "patent", is a kind of intellectual property right that the invention-creator or his transferee enjoys exclusive exploitation of a specific invention-creation within a certain period of time according to law. What are the scope of the legal rights and interests of the patent acquired first? Legal savior Xiaobian for you to sort out the relevant content, welcome to browse, thank you.
What are the scope of the legitimate rights and interests of the patent obtained in advance
The scope of legal rights and interests obtained in advance of patents is mainly invention patents, utility models, and appearance patents.
The Patent Law of the People's Republic of China stipulates that the design for which a Patent right is granted shall be different from and not similar to any design that has been publicly published in a publication in China or abroad or publicly used in China before the date of filing, and shall not conflict with the lawful rights previously acquired by others. The so-called "prior acquisition" means that the date of the right is earlier than the filing date or priority date of the design patent.
For intellectual property rights that are automatically generated, such as copyright, the right to use the unique packaging or decoration of well-known commodities, the date of creation of the work is the date of acquisition of the right; The trademark right, enterprise name right and other intellectual property rights must be approved and authorized to produce, the date of approval and authorization is the date of acquisition of rights; For a design patent, the date when the patent is granted is the date when the right is obtained. If a design patent is granted, although the design has obtained the patent right, the third party can apply for declaring the patent invalid if it has evidence to prove that it conflicts with the legitimate rights and interests of the patent previously obtained by others.
According to the Rules for the Implementation of the Patent Law of the People's Republic of China, design refers to a new design of the shape or pattern of a product or its combination, as well as the combination of color and shape or pattern, which is aesthetically pleasing and suitable for industrial applications. According to the characteristics of the design, the conflict with the prior patent rights arising from the design shall be set within the following scope: 1. Trademark rights; 2. Copyright; 3. Right of enterprise name; 4. The right to apply the special packaging or decoration of well-known commodities; 5. Portrait rights.
The disputes of prior rights between design patents and intellectual property rights are mainly caused by the absence of prior rights examination at the time of authorizing the patent, which is different from the entity that authorizes intellectual property rights. Therefore, when a dispute over prior acquisition occurs, the parties shall file a lawsuit with the people's court in the place where the infringement occurs.
I believe that after reading the above introduction, you have a certain understanding of how to solve the legal knowledge of what to pay attention to. If you have any legal questions about this area, please consult the legal Savior lawyer, they will give you a professional answer.
