Legal basis: the design granted the patent right in Article 23 of the Patent Law of People's Republic of China (PRC) does not belong to the 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. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application. Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items: (1) scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.