1. This patented design does not belong to the existing design. It does not belong to the existing design, which means that there is neither the same design nor the substantially same design in the existing design. Therefore, whether it belongs to the existing design, in the final analysis, is to judge whether the two designs are the same or essentially the same.
2. There should be no conflicting applications. There is no conflict application, which means that no unit or individual has applied to China National Intellectual Property Administration for the same design before the application date, and it is recorded in the patent documents published after the application date. In other words, conflict application means that before the patent application date (inclusive) involved, any unit or individual filed a patent application for the same design in China National Intellectual Property Administration, and announced that it was granted a patent right after the application date (inclusive). If the conflicting application is classified as novelty, its judgment standard is the same as whether it belongs to the existing design or not, and it is also the judgment of "identical and substantially identical", that is, "identical design" refers to the same and substantially identical design.
When judging whether the patent involved belongs to the existing design or there are conflicting applications, we should follow the judgment methods of "individual comparison", "direct observation", "only judging the product appearance" and "overall observation and comprehensive judgment".