The criterion for judging the infringement of design patent is whether the patented product of design and the infringing product belong to the same or similar goods; Whether they are the same in function and use. The scope of protection of a design patent shall be subject to the products of the design patent in the pictures or photos submitted by the obligee to the Patent Office.
Legal objectivity:
The following acts in Article 84 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) belong to the act of counterfeiting patents as stipulated in Article 63 of the Patent Law: (1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission; (2) selling the products mentioned in item (1); (3) calling a technology or design that has not been granted a patent right a patented technology or design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design; (4) Forging or altering patent certificates, patent documents or patent application documents; (five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.