What are the conditions for granting a design patent?

Article 23 of the Patent Law stipulates that "the design that has been granted a patent right does not belong to the existing design; No unit or individual has filed an application with the patent administration department of the State Council for the same design before the filing date, and it is recorded in the patent documents published after the filing date ". Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates that a design shall be "suitable for industrial application". Combining these two provisions, the patented design should have two conditions: novelty and practicality. 1. The novelty of novel design is basically the same as the novelty of invention or utility model, which means that the patented design should be obviously different from the existing design or the combination of existing design features. The new patent law improves the substantive conditions for granting the patent right of design, that is, the design formed by imitating the existing design or simply piecing together the existing design features is not authorized. In addition, the new patent law also stipulates that "designs that mainly play a symbolic role in patterns, colors or the combination of the two" will not be granted a design patent. 2. Practical design is a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or their combination of products and the combination of color, shape and pattern. Without industrial products, it cannot exist independently. Therefore, the design must be able to be applied in industry and have industrial practicability.