In order to resolve the conflict between design patent rights and other prior rights, relevant laws and regulations have made special provisions. Article 23, Paragraph 3 of the Patent Law stipulates: The design for which patent rights are granted shall not conflict with the legal rights previously obtained by others. The judicial interpretation of the Supreme People's Court further explains "legitimate rights": including trademark rights, copyrights, corporate name rights, portrait rights, and the right to use unique packaging or decoration of well-known products, etc. The "Patent Examination Guidelines (2010)" also provide detailed provisions for the review of patent invalidation requests involving conflict of rights: when the prior right holder or interested party believes that a design patent is suspected of infringing upon its prior rights, it may file a request with the state The Patent Reexamination Committee of the Intellectual Property Office filed a request for patent invalidation. During the invalidation procedure, the petitioner shall provide evidence for its claim, including proving that it is the obligee or interested party of the prior right and that the prior right is valid.

From a practical point of view, most design patent invalidation cases filed on the grounds of conflict of rights involve registered trademarks and copyrighted works. A very small number of people have used other people's registered trademarks and works in patent applications without permission. After authorization, the implementation of the patent rights will damage the legitimate rights and interests of the prior rights holders.