Legal analysis: the design for which a patent is granted shall have the following substantive conditions: novelty; originality; non-identical or non-similarity to the one that has already been disclosed, which shall be considered as creative; aesthetically pleasing; suitable for industrial application; and shall not be in conflict with the lawful rights acquired by others in the past.
Legal Basis: Article 23 of the Patent Law of the People's Republic of China
The design for which a patent is granted shall not be an existing design; nor has any unit or individual filed an application for the same design with the patent administrative department of the State Council prior to the date of the application, which is recorded in the patent document published after the date of the application. A design for which a patent right is granted shall be clearly distinguishable from an existing design or a combination of features of an existing design. A design for which a patent right is granted shall not conflict with the legal rights of others which have been acquired before the filing date. The existing design referred to in this Law refers to the design which is known to the public at home and abroad before the date of application.