On February 1, 2015 the amended Judicial Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Patent Dispute Cases (hereafter as the Judicial Interpretation) came into force.
The amendments of the Judicial Interpretation conform to the current Patent Law and its interpretations, including but not limited to:
- A case can be tried in the place where offer for sale of the design patent infringing goods is found.
- Comprehensive cover principle should be applied in the patent infringement determination process, which means that the court should conduct examinations at “all the technical features cited in the claims” of the infringed patents instead of “necessary technical features recorded in the claims” of the infringed patents.
- Instead of the compensation of “no less than 5,000RMB and no more than 500,000RMB,” the indemnity incurred by the infringement should be accounted according to the types of patents, the character and circumstances of the infringement act and the seriousness of violation in line with Article 2 under provision 65 of the Patent Law.
- In infringing case including utility model patent evaluation report replaces the search report. There will be legal consequences if patent evaluation report is not submitted.
