Interpretation on Issues Concerning the Application of Laws to the Trial of Patent Infringement Disputes (II) Issued

The Supreme People’s Court held a press conference to circulate a notice about the Interpretation on Issues Concerning the Application of Laws to the Trial of Patent Infringement Disputes (II), which would be implemented since April 1, 2016. 

The press spokesman of the Supreme People’s Court Sun Jungong hosted the press conference; the president Song Mingxiao and the vice president Wang Chuang of the Third Civil Tribunal of the Supreme People’s Court attended the press conference. 

The Interpretation (II) consists of 31 articles, and mainly involves the key and difficult points in practical patent judgment such as the interpretation of claims, indirect infringement, standard implementation defense, legitimate source defense, cessation of infringement, calculation of compensation amount, influence of patent invalidation on the infringement proceedings, etc.. 

In order to try the cases of dispute over infringing patents correctly, the Interpretation has been formulated in accordance with the provisions of related laws such as the Patent Law of the People’s Republic of China, the Tort Liability Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China, etc. and in combination of judgment practices.