Jurisdiction of patent dispute cases

Patent dispute cases are under the jurisdiction of intellectual property courts, intermediate people's courts and grassroots people's courts determined by the Supreme People's Court.

Legal analysis

Patent dispute cases of first instance shall be under the jurisdiction of the intermediate people's courts where the people's governments of all 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. Patent ownership dispute refers to the dispute between the parties on the right to apply for a patent and the ownership of the patent. If the claimant brings a lawsuit to the people's court on the patent ownership dispute, he shall pay the legal fee within 7 days after receiving the notice of payment at the latest, otherwise the patent ownership dispute procedure cannot be started. Disputes over the right to apply for a patent and disputes over the ownership of a patent belong to patent disputes and belong to the scope of accepting cases by the people's courts. For such disputes, the parties may request the patent administration for mediation or bring a lawsuit directly to the people's court, instead of first requesting the patent administration for handling, then refusing to accept the administrative decision made by the administrative organ and then bringing a lawsuit to the people's court. It is not a prerequisite and a necessary procedure for the patent administrative organ to handle disputes over patent application rights and patent ownership. The people's court shall not refuse to accept a dispute over the right to apply for a patent or a dispute over the ownership of a patent on the grounds that the parties concerned have not requested the patent administration authorities to handle it first.

legal ground

The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of People's Republic of China (PRC) Article 2 Patent dispute cases shall be under the jurisdiction of the intellectual property court, the intermediate people's court determined by the Supreme People's Court and the basic people's court. Maritime and maritime cases shall be under the jurisdiction of the maritime court.