In these years, industry design has become more and more important in Taiwan . It not only plays a crucial role in the renovation of enterprises, but also is regarded as a priority enterprise on the island. However, it seems to be that the industrial circle is still short of the concept of its protection. As a result, people in this circle know quite well about the patent of techniques, on the contrary, neglecting to protect the design and the creativity of products. Therefore, in this article, the design patent in our country was discussed according to the viewpoint of industrial design. In addition, several disputes between the concept of industrial design and the design patent were also clarified, including the concept of design, “ form follows function ” , and the functional design in the system of design patent; the concept of design, “the styles of minimalism”, and the application of the design patent within; the regulation and the concept of colors in the design patent; the so-called “good designs” of the industrial design and the patentability of design patent. Finally, according to the discussion of the concept of industrial design, I expect that all of these revealed in this article could enable designers to know better about the design patent and to start to pay more attention to the protection of design and creativity. Moreover, I also expect that those, who have gone into the field of intellectual property and legislative research, may, from the aspect of design, have a profound understanding on the design patent.