Legal basis:
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 61 Where a patent infringement dispute involves a new product manufacturing method invention patent, the entity or individual that manufactures the same product shall provide proof that the manufacturing method of the product is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.