It must not be the same as other people's designs. A design patent is a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or combination of products and the combination of color and shape and pattern. Design refers to the design of industrial products, which is the style of industrial products. Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern. It can be seen that the design patent shall meet the following requirements: (1) refers to the design of shape, pattern, color or their combination; (2) It must be the design of product appearance; (3) it must be beautiful; (4) It must be suitable for industrial application.
Legal objectivity:
Article 68 of the Patent Law stipulates that the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.