How long is the statute of limitations for patent infringement litigation?

In modern times, a patent is generally a document issued based on an application by a government agency or a regional organization representing several countries. This document records the content of the invention and creates a legal status within a certain period of time, that is, obtaining the patent. Generally, others can implement a patented invention only with the permission of the patentee. In my country, patents are divided into three types: invention, utility model and design. How long is the statute of limitations for patent infringement lawsuits? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How long is the statute of limitations for patent infringement litigation

The statute of limitations for infringement of patent rights is two years, starting from the patentee or interested parties The infringement shall be calculated from the date when the person became aware or should have become aware of the infringement. The statute of limitations for patent infringement litigation is the period during which the right holder can file a civil lawsuit with the People's Court in accordance with the Civil Procedure Law and request the People's Court to order the alleged infringer to stop the infringement.

When the right holder files a lawsuit, if the statute of limitations has expired If it expires and there are no circumstances for suspension, interruption or extension provided by law, the right holder will lose the right to win the lawsuit, and the court will reject the right holder's claim ex officio. The legal consequence of the expiration of the statute of limitations is that the right holder loses the right to win the lawsuit, but this does not affect its substantive rights.

If the infringement is established and the alleged infringer voluntarily assumes If the infringer is responsible for infringement and has fulfilled the corresponding obligations, the law will protect it, that is, the accused infringer shall not demand the right holder to return the infringement on the grounds that the statute of limitations has expired.

If appropriate royalties are not paid for use of the invention after the publication of the invention patent application but before the grant of the patent right The statute of limitations for payment of royalties is two years, starting from the date when the patentee knows or should have known that others are using his invention. However, if the patentee has known or should have known about it before the date of grant of the patent right, Calculated from the date of grant of patent right.

"Patent Law" Article 68 Patent infringement The statute of limitations for patent infringement is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement.

Used after the invention patent application is published and before the patent right is granted If appropriate royalties have not been paid for the invention, the statute of limitations for the patentee to demand payment of royalties is two years, calculated from the date when the patentee learned or should have learned that others were using the invention. However, the patentee shall not If it has been known or should have been known before the date of grant, the calculation shall be from the date of grant of the patent right.

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