Article 60 of the Patent Law stipulates: "The patentee or a closely related person may, without the permission of the patentee, request the patent administrative organ to handle the patent infringement, or directly bring a lawsuit to the people's court." So in China, there are patent infringement organs: patent management organs and people's courts. The patent administrative organs referred to here include the patent administrative organs established by the relevant competent departments of the State Council and the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and Hippo Chef Special Zone. If a party requests the patent administration authorities to handle cross-regional and cross-departmental infringement disputes, it shall be handled by the patent administration authorities in the place where the infringement occurred or by the patent administration authorities of the superior competent department of the infringing unit. The patent administration authorities do not set up supervision or reconsideration procedures for infringement treatment, but adjust the procedures for deciding whether to enter the judicial trial according to whether the parties obey or not. If a party refuses to accept the decision of the patent administration organ, he may bring a lawsuit to the people's court within three months after receiving the notice, and the patent dispute will be transferred to judicial treatment. If the party concerned fails to bring a suit within the time limit, the decision made by the patent administration authority shall take legal effect. If one party fails to perform, the other party may apply to the people's court for compulsory execution. When the people's court receives the request for compulsory execution, it only understands the procedures and understanding of the patent administration authorities in handling infringement disputes, and it does not hear the case itself, so it does not need reconsideration and supervision over the decision of the patent administration authorities. Based on the reality of China, the Supreme People's Court stipulates that the intermediate people's courts where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and special economic zones are located are the people's courts of first instance. With the consent of the Supreme People's Court, the higher people's courts of provinces and autonomous regions can designate the intermediate people's courts of larger open cities in their own provinces and autonomous regions as the people's courts of first instance to hear infringement cases. The trial of infringement cases by the people's courts is not based on the handling by judicial organs. The patentee or other interested parties may, according to their own choice, request the patent administration organ to handle it or request the people's court to hear it.
Legal objectivity:
Article 65 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation. Unwilling to negotiate or failing to do so, 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 within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon 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 mediation 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).