Legal basis: People's Republic of China (PRC) Patent Law.
Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation. If negotiation fails, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If it fails to prosecute or stop the infringement at the expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement. If negotiation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Article 61 Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its manufacturing method is different from the patented method. Where a patent for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council.