According to Article 60 of the PRC Patent Law, a patentee or any interested party may institute legal proceedings in the people's court, or request the administrative authority for patent affairs to handle patent infringement matters. The administrative authority, based on the Measures for Patent Administrative Law Enforcement (2015) (hereinafter “the Measures”), may independently handle patent infringement matters. The administrative authority refers to the regional intellectual property offices.
According to Articles 13 and 14 of the Measures, after receiving a petition for handling the patent infringement matter from a petitioner, the administrative authority shall notify the petitioner about its acceptance or rejection of the case within 5 working days as of the date of receiving the petition. If the petition is accepted, the administrative authority will designate an odd number of 3 or more persons to deal with the case. The administrative authority shall, within 5 working days as of the date of acceptance, serve duplicates of the petition and attachments thereof on the party against whom the petition is filed and require it (him) to submit its (his) defense within 15 days as of the date of receiving the petition. If the party against whom the petition is filed submits a defense, the administrative authority shall serve a duplicate of the defense on the petitioner within 5 working days as of the date of receiving it. When handling a patent infringement dispute, the administrative authority may decide whether to hold an oral hearing if the circumstance so requires. If it decides to hold such oral hearing, it shall, no later than at least 3 working days prior to the hearing, notify the parties concerned about the time and place of the hearing.
Article 60 of the PRC Patent Law provides that if the administrative authority finds an infringement for the petitioner, it shall issue a decision and order the infringer to immediately stop such infringement. No monetary damage is available for such administrative action. Either party who is not satisfied with the decision may file an administrative suit with the people's court against the decision within 15 days upon receipt of the decision. According to Article 21 of the Measures, the administrative authority should close a case within three months of its registration, which may be extended for one month. According to Article 15 of the Measures, the administrative authority may, upon the parties' request, mediate the patent infringement dispute case. If the parties reach an agreement, the administrative authority shall prepare a mediation agreement, affix its official seal thereto, and have it signed by the parties.If the mediation fails, the administrative authority shall timely make a decision on the action.