SPC Publishes Draft Judicial Interpretation for Patent Infringement Disputes to Solicit Public Opinions

On 20 December 2025, the Supreme People's Court of China published the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights (III) (Draft for Public Comments) to solicit public opinions. This draft Interpretation, formulated in accordance with the Civil Code of the People's Republic of China, the Patent Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant legal provisions in light of adjudication practice, aims at facilitating the appropriate adjudication of disputes over the infringement of patent rights and addressing new demands brought by technological innovation on judicial adjudication.

This draft Interpretation comprises 31 articles, covering, among others, procedural issues such as jurisdiction and disclosure of related cases; claim interpretation and infringement determination; non-infringement defense; malicious litigation; effects of invalidation decisions on infringement litigation; and calculation of compensation. The deadline for submission of feedback is 2 February 2026.