Legal analysis: Appearance design refers to a new design based on the shape, pattern or combination of color, shape and pattern of a product, which is aesthetic and suitable for industrial application. It usually takes four to six months to apply for a design patent, and the process is divided into three stages: application, examination and authorization. The application period usually takes 1 to 5 working days, and the applicant needs to provide and prepare the application materials required by law. The review stage refers to the patent office's review of whether the application documents for design patents meet the authorization standards. The time of this stage is about 3 to 4 months. If the examiner thinks it is necessary for the applicant to modify or state his opinions, he must go through the correction procedure. The authorization stage is mainly to pay the patent registration fee, stamp duty and the annual fee of the year of authorization, and then the patent office issues the patent certificate. The time of this stage is about 1 to 2 months.
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.