Legal basis:
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. Article 27 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for design, he shall submit a written request, a picture or photograph of the design, a brief description of the design and other documents. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 40 in the Patent Law of People's Republic of China (PRC), if the application for a patent for utility model or design is not found rejected after preliminary examination, the patent administration department of the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.