The IP Tribunal of Supreme People’s Court of China finds direct infringement for the manufacturer of products implementing the patented method in the fields of network and communication
On December 10, 2019, the IP Tribunal of Supreme People’s Court of China (“the Court”) announced the final judgement for the appellate case with respect to patent infringement dispute between the appellant Company A and the appellee Company B. The biggest breakthrough of this case is the extensive interpretation made to Article 11 of the Patent Law of the PRC. The Court substantially made an extensive interpretation for the “use” of patented method as stipulated in Article 11 of the Patent Law, and establishes a “non-substitutable material role” rule for finding infringing acts for method patents. The court judgement of this case was made by the IP Tribunal of Supreme People’s Court of the PRC, which is the present uniform appeal tribunal for all patent cases in China. Therefore, the judicial principles and rules reflected in this case will have substantial influence for all the Chinese patent trial courts in finding infringing acts for method patents.