Legal subjectivity:
The criteria for judging design patent infringement are: 1. The actor must have the subjective intention to infringe the design patent; 2. Based on the aforementioned subjective mentality, the actor must 3. Actual losses incurred by the patentee; 4. Actual losses are causally related to the aforementioned acts; 5. Other standards. Legal objectivity:
Article 60 of the Patent Law: For infringements involving the implementation of patents without the permission of the patentee, the patentee or interested parties may request the patent management agency to handle the matter, or they may File a lawsuit directly with the People's Court. When the patent management agency handles the matter, it has the right to order the infringer to stop the infringement and compensate for losses; if the party is dissatisfied, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice; if the party fails to file a lawsuit and fails to perform after the expiration of the time limit, the patent management agency shall The agency may request the people's court for enforcement. When an infringement dispute occurs, if the invention patent covers a manufacturing method of a product, the unit or individual manufacturing the same product should provide proof of the manufacturing method of the product.