There are two kinds of understanding about the substantive authorization conditions of design patents: one is a broad understanding, and the substantive authorization conditions include: first, the design must meet the definition of object in China's patent law; Second, even if the object applying for a patent belongs to a design in the sense of China's patent law, not all of them can be granted a patent right. Article 5, paragraph 1, and Article 25, paragraph 1, item 6 of China's patent law exclude some topics; Third, even if the above conditions are met, the design must be novel and creative, and must not conflict with the legal rights previously obtained by others, that is, it conforms to the provisions of Article 23 of China's Patent Law; Fourth, even if the application for a patent for design meets the above substantive conditions, the patent right must be obtained in accordance with the provisions of Article 9 of China's Patent Law without repeated authorization; Fifth, even if the application for a patent for design meets all the above conditions, the form and modification of the patent application document may still not meet other substantive authorization conditions, such as the pictures or photos can't clearly show the products that require patent protection or the modification of the patent application document is beyond the scope of the pictures or photos submitted on the application date.
one is the narrow sense, that is, the substantive authorization conditions refer to the novelty and creativity of the design, which must not conflict with the legal rights obtained by others in advance, that is, it meets the authorization conditions stipulated in Article 23 of China's Patent Law.