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How Is Jurisdiction Determined in Patent Infringement Cases?

A patent infringement action is under the jurisdiction of the people’s court at the place of infringement or the defendant’s domicile.

The place of infringement includes the places where accused products are manufactured, used, offered for sale, sold, or imported; where a patented process is used; where products directly obtained through that process are used, offered for sale, sold, or imported; where design-patented products are manufactured, offered for sale, sold, or imported; where passing off another’s patent occurs; and where the consequences of those acts occur.

If the plaintiff sues only the manufacturer and not the seller, and the places of manufacture and sale differ, the court at the place of manufacture has jurisdiction. If both are defendants, the court at the place of sale has jurisdiction.

If the seller is a branch of the manufacturer and the plaintiff sues at the place of sale for manufacture and sale, the court at the place of sale has jurisdiction.

Updated October 3, 2026
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