1. Novelty: That is, the design does not belong to the existing design, and no unit or individual has applied to the patent administration department of the State Council for the same design before the filing date, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
2. Practicality: the design must be suitable for industrial applications; Must be combined with the product.
3. Aesthetic feeling: The function of design is to arouse the aesthetic feeling of consumers, thus arousing their desire to buy, so as a design, it must be aesthetic. It shall not conflict with the legal rights that others have obtained before the date of application. The prior rights here mainly include portrait right, copyright, trademark right, enterprise name right and the right to use the unique packaging and decoration of well-known goods.
Legal basis: The design granted the patent right in Article 23 of the Patent Law of People's Republic of China (PRC) does not belong to the existing design. Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. That is, it is different from and not similar to the design published in domestic and foreign publications or publicly used in China before the filing date. Its publication scope is at home and abroad, and its public use scope is at home. At the same time, it shall not be the same as or similar to the existing design, and shall not conflict with the legal rights previously obtained by others.