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State Intellectual Property Office provides basic patent data at home and abroad to the public

2019-03-08

Due to the comparative principle of legal provisions in patent infringement and the lack of judicial practice experience, it is not only difficult for judges to hear patent infringement cases, but also difficult for patent lawyers and parties. In order to protect the patent right of invention and creation more effectively and unify the judicial standards, the Beijing Higher People's court, in accordance with the provisions of the patent law, the detailed rules for the implementation of the patent law and the relevant judicial interpretation of the Supreme People's court, on the basis of summing up many years of patent trial experience and widely soliciting the opinions of experts, drafted the opinions on Several Issues concerning the determination of patent infringement (Trial Implementation) and has been approved by the judicial committee It will be implemented in the patent trial work of the Beijing municipal courts. As a document of Beijing district court, although it is not a judicial interpretation and should not be directly quoted in legal documents, it is a summary of practical experience in the trial of patent infringement cases, which provides a reference standard for judges to determine patent infringement and can be helpful to law enforcement Officials' understanding of relevant laws and regulations. Of course, some viewpoints in the opinions have been debated in the patent industry for many years. The purpose of publishing this document is to convey relevant information to the majority of patent readers. At the same time, we hope that if there are different opinions on the opinion, we can timely feed back to the Beijing court, so that the opinion can be continuously supplemented and improved in practice.

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