Where to sue for patent infringement

Legal analysis: If your patent is unfortunately infringed by others in your life, it is a good choice to solve it through litigation at this time. But before the prosecution, the parties must find out where to sue for patent infringement, because there are many courts in China, and not every court can govern your case. Those who choose to bring a suit in a people's court shall bring a suit in an intermediate people's court where the people's government of the province, autonomous region or municipality directly under the Central Government where the infringement is committed or where the defendant is domiciled. If the intermediate people's court in the place where the infringement is committed or where the defendant is domiciled designates the people's court with jurisdiction over patent cases of first instance, it shall bring a lawsuit to the intermediate people's court in that place.

Legal basis: Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of 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. According to the actual situation, the Supreme People's Court can designate grass-roots people's courts to have jurisdiction over patent dispute cases of first instance.

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 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.