Legal analysis: The legal provisions on design include the following: Articles 2, 23, and 64 of the Patent Law of the People’s Republic of China that took effect on June 1, 2021 Article 27, Article 29, Article 31, Article 40, etc. The term "existing designs" as used in this Law refers to designs that are known to the public at home and abroad before the date of application.
Legal basis: "Patent Law of the People's Republic of China"
Article 23 The design for which patent rights are granted shall not be an existing design; nor shall there be any An entity or individual has submitted an application to the Patent Administration Department of the State Council for the same design before the application date, and it will be recorded in the patent documents published after the application date. 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 are known to the public at home and abroad before the date of application.
Article 64 The scope of protection of a patent right for an invention or utility model shall be based on the content of its claims, and the description and drawings may be used to explain the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.