How to judge the novelty of design

The criteria for judging the novelty of a design are as follows: the design does not belong to the existing design; Before this application, no other unit or individual filed an application with the patent administration department of the State Council and put it on record; And the design should be obviously different from other existing designs.

legal ground

Article 23 of the Patent Law of People's Republic of China (PRC), a design that has been granted a patent right does not belong to an 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.