1. Disputes over the ownership of patent application right;
2. Patent ownership dispute cases;
3. Patent contract dispute cases;
4. Cases of patent infringement disputes;
5. Patent dispute cases of counterfeiting others;
6. Disputes over the use fee for the temporary protection period of the invention patent;
7. Disputes over rewards and remuneration of inventors and designers of service inventions;
8. Pre-litigation application for behavior preservation dispute cases;
9 cases of property preservation disputes before litigation;
10. Disputes over liability for damages caused by application for preservation;
1 1. Disputes over liability for damages caused by application for property preservation;
12. Disputes over the right of authorship of inventors and designers;
13. Confirm the dispute case of non-infringement of patent right;
14. dispute over the return of fees after the patent right is declared invalid;
15. Disputes over liability for damages in malicious patent litigation;
16. dispute over standard essential patent royalties;
17. refuses to accept the decision of the State Council patent administration department to maintain the rejection of the application for reexamination;
18. Not satisfied with the decision of the patent administration department of the State Council on the request for invalidation of the patent right;
19. Cases that are not satisfied with the compulsory licensing decision of the patent administrative department of the State Council;
20. Refusing to accept the ruling on compulsory licensing fees imposed by the patent administrative department of the State Council;
2 1. A case that refuses to accept the administrative reconsideration decision of the State Council Patent Administration Department;
22 cases of refusing to accept other administrative decisions made by the patent administrative department of the State Council;
23 dissatisfied with the administrative decision of the patent administration department;
24. Confirm whether it belongs to the scope of patent protection dispute cases;
25. Other patent dispute cases. Article 2 A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement is committed 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 3 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 4 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 5 In a dispute case accepted by the people's court, if the defendant requests to declare the patent right of utility model or design invalid during the defense period, 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 6 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 7 The people's court shall not suspend the litigation if the defendant requests to declare the patent right invalid during the defense period in the dispute case of infringement of the invention patent right accepted by the people's court and the dispute case of infringement of the patent right of utility model or design confirmed by the patent administrative department of the State Council. Article 8 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 9 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 the patent right 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.