Explain that this article is about the requirements for granting the patent right of design.
First, the design should be novel. That is, it is different from and not similar to the design published in domestic and foreign publications or publicly used in China before the filing date. Its publication scope is at home and abroad, and its public use scope is at home. The "public use" mentioned here means that there is no identical physical object for public sale or use before the filing date. Therefore, in terms of novelty, it is the same as the standard of invention and utility model.
Second, the design should be creative. That is, it is not the same as or similar to the existing design. "Different" here refers to different products and different designs. Different products mean that the uses and functions of products are not exactly the same. Different designs mean different shapes, patterns and colors. It should be pointed out that the same design should not be regarded as the same design when it is used in different products.
Three, shall not conflict with the legal rights obtained by others in advance. The "legal rights obtained in advance" here refers to the legal rights that others have obtained before the designer applies for a patent. This prior right mainly refers to: trademark right, copyright (mainly refers to works of art), portrait right and so on. Because appearance design refers to a new design that is aesthetically pleasing to the shape, pattern, color or combination of products and suitable for industrial application, it is easy to conflict with trademark rights, copyright and other rights. Therefore, legal provisions must not conflict with these rights. That is, if others have obtained the above legal rights in advance, the applicant for a patent for design shall not obtain a patent right for the design of products with these trademarks and works of art. This provision was added in this revision of the Patent Law to avoid conflicts of rights, cause disputes and harm the interests of those who have previously obtained legal rights.