What is the jurisdiction over patent infringement cases?

In reality, patent infringement can often cause serious damage to the patentee. Therefore, when disputes arise over patent infringement, the parties will most likely handle them through litigation, which can also better safeguard their legitimate rights and interests. To sue, you must first determine the jurisdiction of the court. So how to determine the jurisdiction of the patent infringement dispute? Let us follow the editor of Legal Savior Network to understand below.

What is the jurisdiction of patent infringement cases

The first-instance cases of patent infringement disputes shall be decided by each province and autonomous region , the Intermediate People's Court where the people's government of the municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court have jurisdiction.

The party filed a lawsuit for infringement of patent rights. The people's court at the place of infringement or the defendant's domicile has jurisdiction.

1. Place of infringement

1. The manufacturing of products accused of infringing invention and utility model patents place, place of use, place of sale, place of sale, place of import and other places where the behavior is performed;

2. The place where the use of the patented method is carried out, the use, promise and sale of products directly obtained according to the patented method , import and other activities are carried out;

1. Manufacturing, selling, importing and other activities of design patented products Place of implementation;

2. The act of counterfeiting other people’s patents Place of implementation.

2. Place of residence of the defendant

1. Regular residence;

2. Fixed production and business location.

The plaintiff only filed a lawsuit against the manufacturer of the infringing product. If the seller is not sued 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;

If the plaintiff sues with the manufacturer and seller as co-defendants, the People's Court of the place of sale shall have jurisdiction;

The seller is a branch of the manufacturer. If the plaintiff sues for the manufacture and sale of infringing products in the place of sale, the People's Court of the place of sale shall jurisdiction.

I believe that after reading the above introduction, you will have a certain legal understanding of how to solve the responsibilities that need to be paid attention to. If you still have legal issues in this regard , please consult the lawyers on the Legal Savior Network, and they will provide you with professional answers.