Legal analysis: The design to be granted a patent right shall not belong to an existing design. No unit or individual has applied for the same design to the patent administration department of the State Council before the application date, and it shall be recorded in the application In the patent documents announced in the future. The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features. The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
Legal basis: "Patent Law of the People's Republic of China" Article 23 The design for which the patent right is granted shall not belong to the existing design. No unit or individual shall be responsible for the same design. An application has been submitted to the Patent Administration Department of the State Council before the application date, and shall be recorded in the patent documents published after the application date. The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features. The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date. The term "existing designs" as used in this Law refers to designs that are known to the public at home and abroad before the date of application.