The Reply of the Supreme People's Court on the Application of Law in the Trial of Cases Involving Patent Evaluation Reports, as adopted at the 1953rd meeting of the Judicial Committee of the Supreme People's Court on July 18, 2025, is hereby promulgated and shall come into force on August 1, 2025.
July 30, 2025
Reply of the Supreme People's Court on the Application of Law in the Trial of Cases Involving Patent Evaluation Reports
Judicial Interpretation [2025] No. 11
The High People's Court of Guizhou Province:
Your Request for Instructions on Issues Concerning the Application of Law in Patent Evaluation Reports (Qian Gao Fa Qing [2024] No. 1) has been received. Upon review, the reply is as follows:
Pursuant to the provisions of Article 66(2) of the Patent Law of the People's Republic of China, a patent evaluation report issued by the patent administrative department under the State Council shall serve as evidence in court proceedings concerning patent infringement disputes. If a patent evaluation report concludes that the patent in question does not meet the conditions for patent grant under the Patent Law of the People's Republic of China, the court may not directly rule to dismiss the case solely based on such conclusion. Instead, the court shall provide explanations in light of the specific circumstances of the case and render a judgment in accordance with the law.
