How to determine the jurisdiction of patent infringement disputes

1.LevelJurisdiction

(I) first instance cases

(1) Intermediate People's Court Jurisdiction-No Intellectual Property Court yet established/When the provinces, municipalities and autonomous regions of the court deal with invention patents, utility model patent infringement disputes.

(2)1 4 26Jurisdiction--1means the Intellectual Property Court of the Supreme People's Court.4Refers to the four intellectual property courts (Beijing, Shanghai, Guangzhou, Hainan).26It means26A specialized intellectual property court established by the Intermediate People's Branch (Chengdu, Nanjing, Suzhou, Wuhan, Hefei, Hangzhou, Ningbo, Fuzhou, Jinan, Qingdao, Shenzhen, Xi'an, Tianjin, Changsha, Zhengzhou, Nanchang, Changchun, Lanzhou, Xiamen, Urumqi, Jingdezhen, Chongqing, Shenyang, Wenzhou, Wuxi, Xuzhou).

(31) Basejurisdiction of the people's court-- Grass-roots people's courts approved by the Supreme People's Court handle design patent infringement disputes.

Legal basis:

Several Provisions of the Supreme People's Court on the Jurisdiction of First Instance over Civil and Administrative Cases concerning Intellectual Property Rights(Law released[2022]13No.): Article 1: Invention patents, utility model patents, new plant varieties, integrated circuit layout designs, technical secrets, ownership of computer software, infringement disputes and monopoly disputes shall be under the jurisdiction of the intellectual property court, the intermediate people's court of the place where the people's government of the province, autonomous region and municipality directly under the central government is located and the intermediate people's court determined by the supreme people's court. Where the law provides for the jurisdiction of intellectual property courts, such provisions shall be followed. Article 2: The ownership of design patents, infringement disputes, and civil and administrative cases of first instance involving the determination of well-known trademarks shall be under the jurisdiction of intellectual property courts and intermediate people's courts; with the approval of the Supreme People's Court, they may also be under the jurisdiction of basic people's courts, but Except for administrative cases of design patents. If the amount of the subject matter of litigation in intellectual property cases of first instance other than those specified in Article 1 of these Provisions and the first paragraph of this Article is more than the amount determined by the Supreme People's Court, and if it involves administrative acts of departments under the State Council, local people's governments at or above the county level or customs, it shall be under the jurisdiction of the intermediate people's courts. Where the law provides for the jurisdiction of intellectual property courts, such provisions shall be followed.

(II)cases of second instance

(1)Intellectual Property Court of the Supreme People's CourtJurisdiction--Second instance cases of invention and utility model patents.

(2)The court at the higher level of the original trialJurisdiction--Design patent infringement cases.

Legal basis:

Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts (Interpretation of the Law 〔2018>> 〕22No.) Article 2 provides:From2019Year1Month1Day,Invention and utility model patentsThe cases of second instance shall be heard by the Intellectual Property Court of the Supreme People's Court. The second instance of a design patent infringement case shall still be tried by the higher court of the original trial court, that is, the provincial higher people's court.

2. territorial jurisdiction

(I)place of infringementJurisdiction

(1)Jurisdiction of the place where the tort is committed--1,The place where the manufacture, use, promise to sell, sell, import, etc. of products that infringe the patent right of invention and utility model are carried out..2,The place where the use of the patented method is carried out, the place where the use, promise to sell, sell, import, etc. of the product obtained directly under the patented method is carried out..3,The place where the manufacture, sale and import of design patented products are carried out..4,The place where the act of counterfeiting another person's patent is carried out.

(2)Infringement results placeJurisdiction--The place where the infringement result of the above-mentioned infringement occurred.(The place where the result of the infringement occurs should be understood as the place where the result of the infringement directly occurs, and the place where the result of the infringement occurs cannot be regarded as the place where the right holder believes that the damage has been done.)

Legal basis:Article 5 of the "Several Provisions on the Application of Law in the Trial of Patent Dispute Cases" stipulates that a lawsuit filed for infringement of patent rights shall be under the jurisdiction of the people's court of the place where the infringement or the defendant's domicile is located.place of infringementIncluding: the place of implementation of the manufacture, use, promise to sell, sell, import and other acts of the product accused of infringing the patent right of invention and utility model; the place of implementation of the use of the patented method, the place of implementation of the use, promise to sell, sell, import and other acts of the product directly obtained according to the patented method; the place of implementation of the manufacture, sale and import of the patented product of the appearance design; the place where the act of counterfeiting another person's patent is carried out. The place where the infringement result of the above-mentioned infringement occurred.

(II)jurisdiction of the defendant's domicile

(1)jurisdiction of the defendant's domicile--1A civil action against a citizen (the defendant's domicile is the same as his habitual residence).2A civil action against a legal person or other organization.

(2) Jurisdiction of habitual residence-the defendant's domicile is inconsistent with his habitual residence.

Legal basis:Article 21 of the "Civil Procedure Law" stipulates that a civil lawsuit filed against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; if the defendant's domicile is inconsistent with his habitual residence, the people's court of the habitual residence shall have jurisdiction.Civil action against a legal person or other organizationIt shall be under the jurisdiction of the people's court in the place where the defendant has his domicile.

3. Joint Jurisdiction

(1)jurisdiction of the court of the place of manufacture-- Only the manufacturer is prosecuted, but the seller is not prosecuted.

(2) Seller's Court Jurisdiction-only sue the seller, not the manufacturer.

(31) Place of manufacture/Sellers Court Jurisdiction--1,Sue with manufacturer and seller as co-defendants.2,The seller is the manufacturer branch..

Legal basis: Article 6 of the Several Provisions of the Supreme People's Court on the Application of Law in the Trial of Patent Dispute Cases:If the plaintiff only brings a lawsuit against the manufacturer of the infringing product and fails to sue the seller, and if the place of manufacture of the infringing product is inconsistent with the place of sale, the people's court of the place of manufacture has jurisdiction; if the manufacturer and the seller are co-defendants, the people's court of the place of sale has jurisdiction. If the seller is a branch of the manufacturer, and the plaintiff sues the manufacturer of the infringing product at the place of sale, the people's court of the place of sale shall have jurisdiction.