Study On The Problem Of The Confliction Of The Design Patent And The Prior Rights

According to Patent Law of the People' s Republic of China and Implementing Regulations of the patent law of the People' s Republic of China, the design ought not to conflict with other' s legal prior rights before it is granted, otherwise, the design patent will be invalidated .But nowadays, it is still controversial on how to judge the confliction between the design patent and the prior rights, and the procedure of solving the confliction is cumbersome , repeated and difficult to implement, such is hard to solve the confliction and to safeguard the parties' rights. Because of these problems, I write this thesis. I define and contrast the design and the prior rights firstly , then analyze the constitute conditions of the confliction between the design patent and the prior rights .After selecting some types of confliction occurring usually, I study the manifestations, reasons and solutions of the confliction, then analyze the settlement procedure and put forward some questions. At last, I give my opinion and some suggestions on perfecting settlement procedures and on solving the confliction.