1. patent application right dispute case;
2. Patent ownership dispute cases;
3. Cases of contract disputes over the transfer of patent rights and patent application rights;
4. Cases of patent infringement disputes;
5. Patent dispute cases of counterfeiting others;
6. After the publication of the application for a patent for invention, but before the patent right is granted;
7. Disputes over rewards and remuneration of inventors and designers of service inventions;
8. Apply for stopping infringement and property preservation cases before litigation;
9. Disputes over the qualifications of inventors and designers;
10. Refusing to accept the decision of the Patent Reexamination Board to reject the application for reexamination;
1 1. A case that refuses to accept the decision made by the Patent Reexamination Board on the request for invalidation of the patent right;
12. Cases that are not satisfied with the compulsory licensing decision of the patent administrative department of the State Council;
13. The case that refuses to accept the compulsory license fee award of the patent administrative department of the State Council;
14. Cases that refuse to accept the administrative reconsideration decision of the State Council Patent Administration Department;
15. Cases that are dissatisfied with the administrative decision of the department in charge of patent work;
Other patent dispute cases. Article 2 Patent dispute cases of first instance shall be under the jurisdiction of the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the Supreme People's Court.
According to the actual situation, the Supreme People's Court can designate grass-roots people's courts to have jurisdiction over patent dispute cases of first instance. Article 3 If a party refuses to accept the reexamination decision made by the Patent Reexamination Board after July 1 year, the people's court will not accept it. Article 4 If a party refuses to accept the reexamination decision made by the Patent Reexamination Board after July 1 2006, or refuses to accept the request for invalidation of the patent right for utility model or design, the people's court shall accept it. Article 5 A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; 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 act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs. Article 6 The plaintiff can only bring a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of production of the infringing product is different from the place of sale, it shall be under the jurisdiction of the people's court of the place of production. Where producers and sellers are sued as co-defendants, the people's court at the place of sale has jurisdiction.
If the seller is a branch of the manufacturer and the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale. Article 7 The jurisdiction of an infringement lawsuit filed by the plaintiff on the basis of the patent application filed before 1993 1 and the method invention patent right granted by this application shall be determined with reference to the provisions of Articles 5 and 6 of these Provisions.
In the substantive trial of the above-mentioned cases, the people's court shall apply the provision that the patent right of method invention does not extend to the product according to law. Article 8 Where a patent infringement lawsuit is filed against a utility model patent whose filing date is before 10, 2009 (excluding that date), the plaintiff may issue a search report made by the patent administration department of the State Council; Where a patent infringement lawsuit is filed against a utility model or design patent whose filing date is after 10, the plaintiff may issue a patent evaluation report made by the patent administration department of the State Council. The people's court may require the plaintiff to submit a search report or a patent evaluation report according to the needs of the trial. If the plaintiff fails to submit it within the time limit without justifiable reasons, the people's court may rule to suspend the lawsuit or order the plaintiff to bear the possible adverse consequences.
If the defendant in the dispute over the infringement of the patent right of utility model or design requests to suspend the lawsuit, he shall file a request for invalidation of the plaintiff's patent right within the defense period. Article 9 In a dispute case accepted by the people's court, if the defendant requests to declare the patent right for utility model or design invalid, the people's court shall suspend the lawsuit, but the lawsuit shall not be suspended under any of the following circumstances:
(a) the search report or patent evaluation report issued by the plaintiff did not find the reason that led to the invalidation of the patent right for utility model or design;
(2) The evidence provided by the defendant is sufficient to prove that the technology used by the defendant is known;
(3) The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;
(4) Other circumstances in which the people's court considers that the lawsuit should not be suspended. Article 10 In a dispute case of infringement of the patent right of utility model or design accepted by the people's court, if the defendant requests to declare the patent right invalid after the expiration of the defense period, the people's court will not suspend the lawsuit, unless it is considered necessary to suspend the lawsuit after examination. Article 11 If the defendant requests to declare the patent right invalid during the period of defense in a dispute case of infringement of the patent right for invention accepted by the people's court or a dispute case of infringement of the patent right for utility model or design that has been examined and confirmed by the Patent Reexamination Board, the people's court shall not suspend the litigation.