Legal analysis: There are certain conditions for prosecution. This is basic common sense. Not all cases can be prosecuted and all facts will be accepted by the court. Otherwise, there will be abuse of prosecution and a waste of judicial resources. situation. However, the conditions for prosecution in my country are very low. As long as the basic prosecution conditions are met, the case will generally be accepted by the court. The conditions for prosecution are: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) there is a clear defendant; (3) there are specific litigation claims, facts and reasons; (4) it belongs to the people's court The scope of accepting civil litigation and the jurisdiction of the people's court subject to the lawsuit. This is a basic requirement that must be followed when bringing any civil action. Of course, patent infringement litigation has its own particularities.
Legal basis: Article 119 of the "Civil Procedure Law of the People's Republic of China" A lawsuit must meet the following conditions:
(1) The plaintiff is related to the case Directly interested citizens, legal persons and other organizations;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.