Jurisdiction of the Intermediate People's Court

Litigation problems caused by patents do belong to the jurisdiction of intermediate people's courts, but not all intermediate people's courts can have jurisdiction over patent disputes. Generally speaking, the intermediate people's courts in provincial capitals have jurisdiction over patent disputes, such as the Third People's Court of Chengdu Intermediate People's Court and the Fifth People's Court of Beijing Intermediate People's Court.

Reference Law: the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the People's Opinions), Chapter 1, Article 2, Paragraph 1: Patent dispute cases shall be under the jurisdiction of the intermediate people's court determined by the Supreme People's Court.

In addition, on the issue of administrative litigation. If the defendant is an administrative organ and becomes an administrative lawsuit, it should be the intermediate people's court where the defendant is located.

Reference Law: Paragraph 1 of Article 14 of the Administrative Procedure Law of the People's Republic of China: The Intermediate People's Court shall have jurisdiction over the following administrative cases of first instance:

(1) Cases in which the invention patent right is confirmed and cases handled by the customs;