Determination of jurisdiction of patent infringement cases

Determination of the jurisdiction of patent infringement cases: if the plaintiff only sues the manufacturer, if 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; If the plaintiff sues both the producer and the seller, the people's courts in the place of manufacture and the place of sale have jurisdiction, and the plaintiff chooses one of them to sue; If the seller is a branch of the manufacturer, if the plaintiff brings a lawsuit against the manufacturer's manufacturing and sales behavior to the people's court of the place of sale, it shall be under the jurisdiction of the people's court of the place of sale.

legal ground

Article 28 of the Civil Procedure Law of People's Republic of China (PRC)

A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.

Article 35

Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a suit in one of the people's courts; If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first.