Can patents be sued directly?

Copyright can sue patents. However, there must be a clear defendant, specific litigation claims and facts, and the plaintiff's subject qualification (whether it is a party to the dispute or an interested party). Other circumstances under the jurisdiction of the people's court will be accepted by the court.

legal ground

Article 60 of the Trademark Law of People's Republic of China (PRC)

If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.

Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.