1, which can be settled by the parties themselves through consultation;
2, request the patent administration department for mediation and handling;
3, to the people's court.
When establishing the patent system in China, considering that the trial of intellectual property rights was relatively weak at that time, a large number of patent infringement cases were difficult to be handled by the court. Furthermore, patent infringement needs a certain technical background, and it is more appropriate for the patent management authorities to deal with it; Administrative treatment can quickly solve some simple patent infringement cases, so that the parties can avoid litigation. Therefore, the Patent Law has established a dual-track system of patent administrative protection and judicial protection in China, which is called "dual-track system" with China characteristics.
The administrative organ that has the right to handle patent disputes is the patent administration department established by the provincial and municipal governments.
The people's courts that accept patent disputes of first instance can only be the people's courts where the provincial capital is located and the intermediate people's courts designated by the Supreme People's Court. But now some prefecture-level cities have set up special intellectual property courts to hear intellectual property infringement cases.