The corresponding higher people's courts in all provinces, autonomous regions and municipalities directly under the Central Government are courts of second instance. (2) For patent administrative cases with the Patent Reexamination Board of the State Intellectual Property Office as the defendant, Beijing No.1 Intermediate People's Court is the court of first instance and Beijing Higher People's Court is the court of second instance; (3) In patent administrative cases with China National Intellectual Property Administration as the defendant, Beijing No.1 Intermediate People's Court is the court of first instance and Beijing Higher People's Court is the court of second instance; (4) 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. By the end of 2002 1, there were 48 courts with jurisdiction over patent disputes in China, including 27 intermediate courts where the people's governments of provinces and autonomous regions are located, 7 intermediate people's courts in 4 municipalities directly under the Central Government (2 in Beijing, 2 in Shanghai, 2 in Tianjin, only1in Chongqing) and 4 in Shenzhen, Zhuhai, Shantou and Xiamen.
Legal objectivity:
The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) shall be deemed as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.