1, dispute over patent application right;
2, patent ownership dispute cases;
3, patent rights, patent application rights transfer contract dispute cases;
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, before being granted a patent right;
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, the inventor and designer qualification dispute cases;
10, refusing to accept the decision of the Patent Reexamination Board to reject the application for reexamination;
1 1, refuses to accept the decision of the Patent Reexamination Board on the request for invalidation of the patent right;
12, case of refusing to accept the compulsory license decision of the State Council patent administration department;
13, the case of refusing to accept the ruling of compulsory license fee of the State Council patent administration department;
14, refusing to accept the administrative reconsideration decision of the State Council patent administration department;
15, refused to accept the administrative decision of the department in charge of patent work;
16, 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. 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 patented product of design is manufactured, sold and imported; 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 plaintiff sues for infringement of the patent right of utility model, he shall produce a search report made by the patent administration department of the State Council at the time of prosecution.
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 issued by the plaintiff did not find any technical documents that led to the loss of novelty and creativity of the patent for utility model;
(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. Article 12 If the people's court decides to suspend the lawsuit, and the patentee or interested party requests to order the defendant to stop the relevant behavior or take other measures to stop the expansion of the infringement damage and provide guarantee, the people's court may make a relevant ruling at the same time as deciding to suspend the lawsuit, if it meets the relevant laws and regulations after examination. Article 13 When the people's court carries out property preservation of the patent right, it shall issue a notice of assistance in execution to the patent administration department of the State Council, stating the matters needing assistance in execution and the duration of patent preservation, and attach the ruling of the people's court.
The duration of the patent right shall be counted from the date when the patent administrative department of the State Council receives the notice of assistance in execution, and each time shall not exceed six months. Where the patent right still needs to be preserved, the people's court shall, before the expiration of the preservation period, serve a notice of assistance in execution to the patent administration department of the State Council. If it is not delivered before the expiration of the preservation period, it shall be deemed that the property preservation of the patent right is automatically lifted.
The people's court may take property preservation measures for the pledged patent right, and the priority of the pledgee is not affected by the preservation measures; The exclusive license contract signed by the patentee and the licensee shall not affect the property preservation of the patent right by the people's court.
The people's court shall not repeatedly preserve the patent right that has been preserved.