Three differences can avoid appearance patents.

Legal analysis: (1) If the main design parts (key parts) such as shapes, patterns and colors are the same, they shall be deemed as the same design; (2) The main design parts (main parts) of the constituent elements are the same or similar, and the minor parts are different, which shall be deemed as approximate design; (3) If the main design parts of the two are different or similar, they should be considered as different or similar designs.

Legal basis: Article 59 of the Patent Law of People's Republic of China (PRC), the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim. The patent right of design is based on the patented product of design in pictures or photographs. The description and its drawings can be used to interpret the claims. Features that are not recorded in the claims, but recorded in the specification or drawings, cannot be included in the scope of protection.