Top people court about trying a certain number of regulations of problem of stat
From;    Author:Stand originally
(committee member of trial of court of top on June 19, 2001 people is common the 1180th times the conference is passed)
To hear patent dispute case correctly, basis " general rule of civil code of People's Republic of China " (general rule of civil code of the following abbreviation) , " code of civil law of People's Republic of China " and " procedural law of administration of People's Republic of China " the regulation that waits for law, make following provisions: Court of the first people hears case of following and patent dispute:
1, case of issue of patent application authority;
2, patent right belongs to dispute case;
3, authority of patent, patent application makes over contract dispute case;
4, encroach; of patent dispute case
5, case of dispute of sham other patent;
6, after invention patent applies for to announce, ; of cost issue case is used before patent awards
7, case of issue of award of person of functionary creation inventor, design, pay;
8, the application before appealing to stops tort, belongings to conserve case;
9, case of issue of competence of person of inventor, design;
10, refuse to obey patent reexamine committee is maintained reject application reexamine to decide a case;
11, refuse to obey invalid declare request decides patent of patent reexamine committee case;
12, refuse to obey service of patent of the State Council carries out compulsory license to decide a case;
13, refuse to obey service of patent of the State Council carries out compulsory license to use cost adjudication case;
14, refuse to obey Xia Yi of administration of service of patent of the State Council decides a case;
15, refuse to obey the sectional administration that runs patent job decides a case;
16, case of other and patent dispute. Case of first instance of the 2nd patent dispute, by the intermediate people of seat of government of people of each province, municipality, municipality directly under the Central Government the court is mixed top people court is appointed administer. The 3rd party made later on July 1, 2001 to patent reexamine committee about practical and new-style, exterior design patent cancel requests reexamine to decide what sue to people court to refuse to obey, people court does not grant to accept. The 4th party rejects practical and new-style, exterior what made later on July 1, 2001 to design the reexamine decision of patent application about maintaining to patent reexamine committee, perhaps disable about patent of design of practical and new-style, exterior the decision that declare requests refuses to obey sue to people court, people court ought to be accepted. The 5th lawsuit that mentions because of violating patent act, by tort travel ground or court of people of ground of the accused abode administer. Tort behavior ground includes: The production of the product that is accused to violate practical and invention, new-style patent, use, the executive ground of the behavior such as promise sale, sale, entrance; Patent method uses the executive land of behavior, the behavior such as sale of the use of the product that this patent method acquires according to directly, promise, sale, entrance carries out the ground; The production that the exterior designs patent product, sale, executive ground that waits for behavior into day; The behavior of patent of false prosperous other carries out the ground. The tort result of afore-mentioned tort behavior produces the ground. The 6th accuser is opposite only the to lodge a complaint of tort product maker, person that did not sue a sale; Tort product production ground and sale ground are abhorrent, court of production ground people has jurisdictional; Sue for corespondent with the person that sell with maker, court of sale ground people has jurisdictional. The patent application that basis of the 7th accuser offers before January 1, 1993 and the method that award according to this application invent the tort suit that patent should mention, consult to set the 5th originally, the 6th regulation is affirmatory administer.
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