Can I apply for a patent for a design similar to the existing patent?
According to the provisions of China's patent law, design patents are similar to existing patents, not original designs, and cannot be significantly different from other designs, so it is impossible to apply for patents. Article 23 of the Patent Law of People's Republic of China (PRC), a design that has been granted a patent right does not belong to an 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. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.