How to determine the jurisdiction of patent infringement cases

The court to determine the jurisdiction of patent infringement is based on Article 28 of the Civil Procedure Law, which stipulates that the court at the place where the infringement occurred shall have jurisdiction. Of course, a detailed understanding of the place of infringement is required, such as the implementation of the patented method. The place is the place where the infringement specified in the law occurs. Regarding the issue of how to determine the jurisdiction of patent infringement cases, the editor of Legal Savior Network will give you a detailed answer below.

1. How to determine the jurisdiction of patent infringement cases

1. Determine the patent In accordance with Article 28 of the Civil Procedure Law, the court with jurisdiction over infringement is governed by the court where the infringement occurred. Of course, a detailed understanding of the place where the infringement occurred requires a detailed understanding. For example, the place where the patented method is used is the place where it is implemented. This is the place where the infringement specified in the law occurs.

2. Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 20 Article 9 stipulates: Litigation filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile;

2. What are the basic skills of patent litigation

1. Thoroughly study patent technology: For highly technical patent litigation, it is very important to research, analyze and thoroughly understand patent technology and related technologies. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology. If you don’t understand the law, you won’t be able to win a lawsuit, and if you don’t understand the technology, you won’t be competent in patent litigation. Legal provisions alone cannot solve the relevant issues in patent litigation, especially when determining whether a certain technology constitutes infringement, whether it is a publicly known technology, and whether it is Obvious techniques, etc., all require a certain amount of technical knowledge. It is difficult to be competent in patent litigation without delving into patented technology;

2. Collect effective evidence: For the plaintiff’s patentee lawyer, the most important thing is to collect As evidence of infringement, it is important to purchase infringing products, but some infringing products themselves are counterfeit products of others, and the manufacturers mentioned above are not necessarily the real infringing manufacturers.

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