The legal provisions on design include: Article 2, Article 23, Article 64, and Article 64 of the "Patent Law of the People's Republic of China" that took effect on June 1, 2021. Article 27, Article 29, Article 31, Article 40, etc.
Legal Basis
Article 23 of the Patent Law of the People’s Republic of China that took effect on June 1, 2021
Granting of Patent Rights The design shall not belong to the existing design; no unit or individual has applied for the same design to the patent administration department of the State Council before the filing date, and it shall be recorded in the patent documents published after the filing date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
The term "existing designs" as used in this Law refers to designs that were known to the public at home and abroad before the date of application.
Article 64
The scope of protection of a patent right for an invention or utility model shall be based on the content of the claims. The description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights shall be based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.