The previous utility model patent has expired. Can I authorize the application for a patent for appearance now?

In the patent law, appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of colors, shapes and patterns of products.

A patent for design shall meet the following requirements:

(1) must be designed for product appearance;

(2) refers to the design of shape, pattern, color or their combination;

(3) must be suitable for industrial applications:

(4) It must be aesthetic.

1. Whether the invalidation of the earlier utility model patent will affect the authorization of the later appearance patent depends on whether the disclosure of the earlier utility model involves the content of the appearance patent.

2. Because of their different protection objects, the novelty of the appearance may be damaged unless the utility model discloses the graphics of the design.