Legal analysis: The first thing to do is to check whether the plaintiff's patent right of design is valid if he is sued for infringing on others' patent right of design. According to Baba's senior transfer of Baiteng patent, China's patents can be divided into invention patents, utility model patents and design patents. Invention patents have undergone substantive examination, while utility model patents and design patents have not. As long as the form meets the requirements, patent certificates will be issued. Therefore, many large utility model patents and design patents in China do not meet the essential requirements of the patent law. For a period of time, if someone thinks that his patent for utility model or design has been infringed upon, the court will ask the plaintiff to provide a patent evaluation report, otherwise the case will not be filed.

Legal basis: Article 43 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China

In case of infringement of the exclusive right to use a registered trademark, the administrative department for industry and commerce shall order it to immediately stop the infringement, seal up or collect its trademark mark, and eliminate the trademark on the existing goods and packaging, and shall order it to compensate the infringed person for economic losses according to law, and make a notice according to the circumstances, and impose a fine of less than 2% of the illegal business amount or less than twice the profit from the infringement.

article 44 if a party refuses to accept the decision made by the administrative department for industry and commerce in accordance with the provisions of the preceding article, the party concerned may, within 15 days from the date of receiving the notice, apply to the administrative department for industry and commerce at the next higher level for reconsideration; The administrative department for industry and commerce at the next higher level shall make a reconsideration decision within 45 days from the date of receiving the application for reconsideration. If he refuses to accept the reconsideration decision of the administrative department for industry and commerce at the next higher level, the party concerned may bring a suit in a people's court within 15 days from the date of receiving the notice of reconsideration decision. If it fails to perform within the time limit and does not apply for reconsideration or prosecution, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

article 45 anyone who counterfeits another person's registered trademark may sue and report to the administrative department for industry and commerce or the procuratorial organ.

the administrative department for industry and commerce shall handle the complaint and report to the administrative department for industry and commerce in accordance with the provisions of Article 43 of these Rules; If the circumstances of the accusation and accusation are serious enough to constitute a crime, the judicial organs shall investigate the criminal responsibility of the person directly responsible according to law.