(1) The novelty of the design for which the patent right has been granted shall be different from or not similar to the design that has been published in domestic and foreign publications or publicly used in China before the date of application. Design must be attached to specific products, so "difference" not only refers to the difference of design itself in shape, pattern, color or their combination, but also includes the difference of products adopting the design scheme. "Inconsistency" requires that the patented design cannot be a simple imitation or slight change of the shape, pattern, color or their combination of the existing design. Approximate design includes the following situations: the shape, pattern and color are similar, and the products are the same; The shapes, patterns and colors are the same, and the products are similar; The shape, pattern and color are similar, and the products are similar. (2) Practicality The patented design must be suitable for industrial application. This requires that the design itself and the product as a carrier can be replicated repeatedly in an industrialized way, that is, it can be mass-produced in industry. (3) The patented design must have aesthetic feeling. Aesthetic feeling refers to the pleasant feeling of design from visual perception, which is not necessarily related to the advanced functions of products. Aesthetic design plays an important role in expanding product sales. (4) It shall not conflict with the legal rights previously obtained by others. The prior rights here include trademark right, copyright, enterprise name right, portrait right and the right to use the unique packaging and decoration of well-known goods. "Prior acquisition" refers to the acquisition before the application date or priority date of the design. (5) Other conditions that need to be specified.
Legal objectivity:
Industrial design refers to the new design of the shape, pattern, color or their combination of products, which is aesthetic and suitable for industrial application. Design refers to the design of industrial products, which is the style of industrial products. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of the Detailed Rules for the Implementation of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern. It can be seen that the design patent shall meet the following requirements: (1) refers to the design of shape, pattern, color or their combination; (2) It must be the design of product appearance; (3) it must be beautiful; (4) It must be suitable for industrial application.