As referenced earlier,
1. Courts in Patent Prosecution
Even after all administrative appeals are exhausted through the PRB, an applicant may still seek judicial review through the Intermediate People's Court in
2. Courts in Patent Litigation
As noted earlier, SIPO and the PRB provide an administrative outlet to handle patent litigations. Alternatively, a patent litigant may utilize the court system to adjudicate the dispute. To initiate litigation, a party files a complaint through a local Intermediate People's Court. Many of the Intermediate People's Courts and Higher People's Courts rely on Intellectual Property Tribunals to handle these disputes. In addition to having jurisdiction to hear litigations in the first instance, the Intermediate People's Court also serves as an appellate court for decisions rendered by the PRB on the administrative side.
A decision at the Intermediate People's Court can be appealed to the Civil Division of the supervising Higher People's Court. Finally, in recent years, the Supreme People's Court, Higher People's Courts, and a number of Intermediate People's Courts have established an IP Litigation Division that specializes in IP matters. The IP Litigation Division is stocked with judges and professionals whom have both the technical education and professional experience to preside over the trial.
The next post in the series will cover statutory requirements for patent eligibility in
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