The design without patent was copied.

No, the patent is invalid because the technology has been made public before the application date and is not novel.

Paragraphs 1 and 2 of Article 22 of the Patent Law stipulate that:

Inventions and utility models granted patent rights should be novel, creative and practical.

Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.

Article 23 of the Patent Law: A design granted a patent right shall be different from or similar to a design that has been publicly published in domestic and foreign publications or used in China before the filing date, and shall not conflict with the legal rights previously obtained by others.