How is the standard of novelty of design stipulated?

Novelty is the basic condition for obtaining a design patent, that is to say, the patented design must be unprecedented. China's patent law stipulates that the time standard for judging novelty is the date of filing; Its regional standards, publication and publicity adopt world standards, and its use and publicity adopt domestic standards. That is to say, the patent design "should be different and not similar to the design that has been published in domestic and foreign publications or used in China before the application date".

legal ground

Article 24 of the Patent Law stipulates that an invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:

(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;

(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;

(3) It was first published at a specified academic or technical conference;

(4) Others disclose the contents of the application without the consent of the applicant.