If the design violates national laws, social ethics or harms the public interest, or obviously does not conform to the definition of design, the patent right cannot be granted. For example, a design with the national flag and national emblem as the pattern content in a patent application cannot be granted a patent right because it violates the national flag law and the national emblem law of China.

In addition, you cannot apply for a design patent for the following items:

(1) Fixed buildings, bridges, etc. This cannot be repeated according to specific geographical conditions.

(2) Products whose shapes, patterns and colors are not fixed because they contain gas, liquid, powder and other substances with no fixed shapes.

(3) the part of the product that cannot be divided, sold or used separately. For example, a double-handle water cup suitable for children can not only protect the double handles, but must apply for protection together with the cup.

(4) For a product composed of several parts with different specific shapes or patterns, if the parts themselves cannot be products with independent use value, then the parts are not the objects that can be granted the patent right for design. For example, if a toy is composed of many connectors that cannot be used independently, that is, it cannot constitute an independent product, then a single connector will not be granted patent protection for design. Only when this connector and other connectors are put forward as plug-in toys as an application for patent protection for design, can patent protection for design be granted.

(5) It cannot be applied to articles that are difficult to be judged by naked eyes or naked eyes, such as integrated circuits, or textile patterns that can only be observed under a magnifying glass.

(6) The requested design is not the conventional form of the product itself. For example, the handkerchief itself is a square and flat product, but if the handkerchief is tied into the shape of a flower or the shape of a small animal such as a mouse or a rabbit, it is impossible to apply for a patent.

(7) Design based on the original shapes, patterns and colors of natural objects. Generally speaking, it refers to two situations: one is the natural object itself, and the other is the simulation design of natural objects.

(8) Works that are purely in the field of fine arts, such as paintings and sculptures, cannot be protected by design patents. But some knickknacks, figurines and handicrafts that can be mass-produced can be protected.

(9) creations that people with general knowledge or skills in this field think are extremely easy to create, such as designs based on common shapes and patterns, such as triangles, rectangles, circles, clubs, cylinders, cones, regular polyhedrons, rectangles, water patterns, black and white squares, etc. These are thought to be easily created by ordinary people and have long been known and used, so they are not given away.

(10) Imitating the designs and images of famous works, famous buildings and portraits, and using them intact on patented products, such as making Xu Beihong's famous paintings into carpets and imitating plastic bottles in the shape of the Temple of Heaven, cannot be protected by the design patent. If the design of the application contains these contents, it needs to be smeared on the pictures or photos in the application documents submitted by them. (1 1) A trademark is a commodity mark used to distinguish a commodity from other industries, businesses and enterprise groups, not the commodity itself, so it does not belong to the category of design. (12)— The font, pronunciation and meaning of ordinary characters and numbers cannot be taken as the specific content of the design to be protected. However, if the patterned characters are repeatedly and continuously arranged according to certain rules, the pattern can be regarded as protected.