According to the location of the infringement and the location of the damage result, it is determined comprehensively.
the place of infringement refers to the place where the legal facts infringe upon the legitimate rights and interests of others, including the place where the infringement was committed and the place where the infringement result occurred. In general, the place where the infringement was committed and the place where the infringement occurred are the same, both in the same place. However, when there are inconsistencies between the two places, there may be three people's courts that have jurisdiction over the lawsuit against the infringement, that is, the people's court where the infringement was committed, the people's court where the infringement result occurred and the defendant's domicile all have jurisdiction.
The place of infringement includes: the place where the product accused of infringing the patent right of invention or utility model is manufactured, used, promised to be sold, sold or imported; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the acts of manufacturing, selling and importing the patented product of design are implemented; The place where the act of counterfeiting other people's patents is implemented.
the plaintiff only brought a lawsuit against the manufacturer of the infringing product, but did not bring a lawsuit against the seller. If the place of manufacture of the infringing product is different from the place of sale, the people's court of the place of manufacture has jurisdiction; Where the manufacturer and the seller are sued as co-defendants, the people's court at the place of sale has jurisdiction. The seller is a branch of manufacturing, and if the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, the people's court at the place of sale has jurisdiction.