What are the necessary conditions for granting the patent right of design?

Legal analysis: The design granted the patent right should be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the application date. The so-called difference means that no identical design has been published in publications at home and abroad or used in China before the filing date, which can be considered as a requirement for the novelty of patent design. In essence, "difference" can be used as a criterion to judge whether the design is novel or not.

The so-called similarity means that the design has obvious characteristics compared with the known public design before the application date, so that professional art designers can not easily evolve from the existing technology. Therefore, the word "dissimilar" here can be understood as the creative requirement of the patent design.

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.