In China, according to the Civil Procedure Law and the Supreme People's Court's provisions on 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 as1February, 1985 16, the Supreme People's Court stipulated in the Notice on Several Issues Concerning Patent Trial that patent cases that refused to accept the decisions of the the State Council Patent Administration Department and the Patent Reexamination Board should be tried by the Beijing Intermediate People's Court (now the Beijing No.1 Intermediate People's Court), and other patent dispute cases should be tried by intermediate people's courts such as provincial governments and special economic zones. More than ten years' trial practice has proved that designating the court of first instance of patent cases as an intermediate court with trial power and centralizing patent judicial institutions conforms to the actual situation of patent trial with strong technology and great difficulty, conforms to 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 Gangwan said that it should be continued to facilitate the Supreme People's Court to carry out professional training and guidance, 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.
According to Article 19 (3) of the Civil Procedure Law and Article 2 (2) of the Supreme People's Court's Opinions on Several Issues Concerning the Application of 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 the intermediate people's courts and higher people's courts of some provinces, autonomous regions and municipalities directly under the Central Government, specifically to the intermediate people's courts of provinces, autonomous regions and municipalities directly under the Central Government and the intermediate people's courts of special economic zones and the Supreme People's Court. When deciding whether an intermediate people's court can be the court of first instance for patent cases, the Supreme People's Court generally considers the following factors: (1) the number of local patent disputes; (2) Whether there is a patent management authority; (3) Yes
Whether 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 of provinces, autonomous regions and municipalities directly under the Central Government and special economic zones, and the intermediate people's courts of the following cities designated by the Supreme People's Court: Dalian, Yantai, Wenzhou, Foshan and Qingdao.