Supreme People's Court Issues Reply on the Application of Law in the Trial of Cases Involving Patent Evaluation Reports

The Supreme People's Court has recently issued the Reply on Issues Concerning the Application of Law in the Trial of Cases Involving Patent Evaluation Reports (the "Reply"), which will come into effect on August 1, 2025.

The Reply states that, according to Article 66, Paragraph 2 of the Patent Law of the People's Republic of China (Revised in 2020), a patent evaluation report issued by the patent administrative authority under the State Council shall constitute evidence in patent infringement dispute cases tried by people's courts. If the patent evaluation report concludes that the patent involved in the case does not meet the conditions for granting a patent as stipulated in the Patent Law (Revised in 2020), the people's court shall not summarily dismiss the lawsuit based solely on this report. Instead, the court shall clarify the matter based on the specific circumstances of the case and render a judgment in accordance with the law.



(Source: https://www.court.gov.cn/zixun/xiangqing/472571.html)

Note: The link to the Chinese official website of the document is for your reference.