In China, according to the Civil Procedure Law and the provisions of the Supreme People's Court on the judicial interpretation of this law, patent dispute cases are under the jurisdiction of the intermediate people's court determined by the Supreme People's Court. As early as February 16, 1985, the Supreme People's Court stipulated in the Notice on Several Issues Concerning Patent Trial that the Beijing Intermediate People's Court (now Beijing No.1 Intermediate People's Court) should be the court of first instance for patent cases that refused to accept the decisions of the the State Council Patent Administration Department and the Patent Reexamination Board, and the other patent dispute cases should be the courts of first instance for intermediate people's courts such as provincial governments and special economic zones. The trial practice for more than ten years has proved that designating the courts of first instance of patent cases as intermediate courts with trial strength and centralizing the judicial trial institutions of patents is in line with the actual situation that patent trials are highly technical and difficult, conforms to the international common practice, ensures the quality of unified law enforcement and case handling to a certain extent, and is also conducive to summing up and accumulating trial experience, relatively fixing the trial team and maintaining the unity of intellectual property law enforcement standards. Lawyer Harbor said that it is convenient for the Supreme People's Court to carry out professional training and guidance, so as to continuously improve the professional quality and trial level of intellectual property judges in China, thus ensuring the trial quality of patent cases and protecting the legitimate interests of patentees, and it should continue to be implemented.
according to the provisions of item (3) of Article 19 of the Civil Procedure Law and paragraph (2) of Article 2 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law, when formulating the Interpretation of the Patent Law, the Supreme People's Court still limited the jurisdiction of some patent dispute cases to some intermediate people's courts and higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, and specifically defined the locations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the intermediate people's courts of special economic zones. When the Supreme People's Court designates whether an intermediate people's court can be the court of first instance for patent cases, it generally considers the following factors: (1) the number of local patent disputes; (2) Whether there is a patent management authority; (3) Yes
No, it has been approved by the local higher people's court.
at present, there are 43 intermediate people's courts in China as the courts of first instance for patent disputes. Specifically, it includes: the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and special economic zones, and the intermediate people's courts in the following cities designated by the Supreme People's Court: Dalian, Yantai, Wenzhou, Foshan and Qingdao.