1. The basic conditions for granting a design patent right are as follows:
(1) novelty. Design is different from invention or utility model;
(2) originality. Comparing the patented design with the published design, as long as the former is not the same or similar to the latter, it should be considered creative;
(3) aesthetic feeling;
(4) Suitable for industrial application;
(5) It shall not conflict with the legal rights previously obtained by others.
2. Legal basis: Article 2 of People's Republic of China (PRC) Patent Law.
Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Second, the patent application process is as follows:
1, apply to the national patent administration department;
2. Submit application materials as required;
3. Conduct preliminary examination after acceptance;
4, announced immediately after the trial;
5, according to the request of the applicant for substantive examination;
6, after substantive examination, authorized to issue a patent certificate for invention, at the same time to be registered and announced.