Legal analysis: 1. The first condition is that the design to be patented must be a new creation, that is, it must be novel. Duplicate things don't need to be patented. For example, a toy itself is blue, and as a result, another person creates an identical toy, but it is changed to yellow, which is meaningless. Therefore, it is impossible to obtain a patent right under this design, and a new toy must be invented, which is completely different from the previous one. This freshness is one of the hard standards. If it is not novel enough, it is absolutely impossible to obtain a patent right. 2. The second condition is that the design must be created by oneself and cannot be copied. Since patent rights protect intellectual achievements, intellectual achievements must be created by individuals. Of course, if it is created by an enterprise, you can do it, but you must not copy previous works or others' works. If this behavior occurs, not only will the patent right not be granted, but the defendant may also be infringed. 3. The third condition is the actual condition. Because design must be applied to the production of products, design must be able to be produced. If it is just a castle in the air, it is novel and creative, but there is no way to apply it, it is meaningless to grant a patent right. The fourth condition is an additional condition. Because the design should be suitable for the appearance of the product and leave a sense of beauty in the eyes of the general public, the design that is too ugly or subverts people's cognition cannot be patented.
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.