Article 23 of the Patent Law stipulates:
The design for which patent rights are granted shall not be an existing design; and no unit or individual has applied for the same design. An application has been submitted to the Patent Administration Department of the State Council before the date of application, and shall be recorded in the patent documents published after the date of application.
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 were known to the public at home and abroad before the date of application.
If it is a product that is available abroad but not available in China, even if you apply for a design patent in China, you may still be authorized because there is no substantive examination. However, if others find evidence that it existed abroad before the application date, the product will still be authorized. It can be invalidated.
If it is a product that has never existed before, you need to meet the following document requirements for design application. If possible, it is safer to entrust an agency.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.