What is the court with jurisdiction over patent infringement?

In life, if we encounter a patent infringement dispute, we can use a variety of methods to resolve it. However, whether you go through administrative methods or litigation, we need to first determine which court has jurisdiction over patent infringement disputes. So, which court has jurisdiction over patent infringement? Today, the editor of Legal Savior Network has compiled the following relevant legal content to answer your questions. I hope it will be helpful to you.

1. Which court has jurisdiction over patent infringement

1. Determined by the defendant’s domicile The competent court.

If the People's Court at the defendant's domicile has jurisdiction over patent cases, the People's Court at the defendant's domicile shall have jurisdiction. If the People's Court at the defendant's domicile does not have jurisdiction, the Intermediate People's Court at the location of the people's government of the province, autonomous region, or municipality directly under the Central Government at the defendant's domicile shall have jurisdiction.

2. The competent court shall be determined based on the place where the infringement occurred. The place of infringement includes the place where the infringement is committed and the place where the results of the infringement occur.

(1) If the plaintiff only sues the manufacturer, and the place of manufacture of the infringing product is inconsistent with the place of sale, the People's Court of the place of manufacture shall have jurisdiction.

(2) If the plaintiff sues both the manufacturer and the seller at the same time, the people's courts at the place of manufacture and place of sale have jurisdiction. At this time, the parties can choose to file a lawsuit in one of the courts.

(3) If the seller is a branch of the manufacturer, and the plaintiff sues the manufacturer's manufacturing and sales behavior to the People's Court of the place of sale, the People's Court of the place of sale shall Have jurisdiction.

2. How to litigate patent infringement disputes

According to civil litigation For a case to be tried by law, the plaintiff must first file a complaint, stating the name, gender, age, ethnicity, place of origin, occupation, work unit and address of the parties (plaintiff and defendant), as well as the names and locations of enterprises, institutions, agencies and groups. and the name and position of the legal representative, as well as the claims and the facts and reasons on which they are based.

The People's Court will file the case within 7 days after receiving the indictment and deliver a copy of the indictment to the defendant, who will file a defense within 15 days after receiving it. At the same time, the People's Court The judge conducts pre-trial investigations and proceeds with the trialIf the mediation reaches an agreement, a mediation document shall be prepared, signed by the judge and clerk, and stamped with the seal of the People's Court. The mediation letter becomes legally binding upon delivery. If mediation fails, the People's Court will conduct a court hearing. If an agreement cannot be reached after court debate and mediation, the People's Court will make a judgment.

If a party is dissatisfied with the judgment of the first-instance court, he may appeal to the second-instance court within the statutory appeal period. Since our country adopts a two-instance system, the judgment of the Court of Appeal is final and no further appeals are allowed. The final judgment shall be legally binding.

Through the detailed introduction above, we know that regarding this issue, different situations need to be distinguished, including administrative jurisdiction and court jurisdiction, and the parties can choose different ways to solve it. If there is a dispute, the specific jurisdiction will be different. And if you file a lawsuit in court, you also need to know how to proceed with the lawsuit in order to best serve yourself. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation and professional explanations to protect your legitimate rights and interests to the maximum extent.