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

(Adopted at the 1953rd session of the Judicial Committee of the Supreme People's Court on July 18, 2025, and shall come into force on August 1, 2025)

The Higher People's Court of Guizhou Province:

Your court's Request for Instructions on Issues Concerning the Application of Law in Patent Right Evaluation Reports (Qian Gao Fa Qing〔2024〕No. 1) has been received. After study, the reply is as follows:

In accordance with the provisions of the second paragraph of Article 66 of the Patent Law of the People's Republic of China, the patent right evaluation report issued by the patent administrative department of the State Council is evidence for people's courts in hearing cases of disputes over patent infringement. If the patent right evaluation report holds that the patent involved does not meet the conditions for granting patent rights as prescribed in the Patent Law of the People's Republic of China, the people's court shall not directly order to dismiss the lawsuit solely on this basis. Instead, it shall make explanations in light of the specific circumstances of the case and render a judgment in accordance with the law.