1. How long is the statute of limitations for claiming royalties from the publication of the invention patent application to the grant of the patent right?
1. If appropriate royalties are not paid for using the invention after the publication of the invention patent application and before the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is three years, generally from the time when the patentee knew or should have known The invention shall be calculated from the date when others use the invention.
2. Legal basis: "Patent Law of the People's Republic of China"
Seventy-fourth Article 1 The statute of limitations for patent infringement is three years, starting from the date when the patentee or interested party knows or should know about the infringement and the infringer.
If appropriate royalties are not paid for using the invention between the publication of the invention patent application and the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is three years. , shall be calculated from the date when the patentee knew or should have known that others were using the invention. However, if the patentee knew or should have known before the date of grant of patent right, the calculation shall be from the date of grant of patent right.
2. Resolution of patent infringement disputes
If the patent is implemented without the permission of the patentee, that is, the patent rights are infringed and causes disputes, it can be resolved in the following ways:
(1) Resolved through negotiation between the parties;
Resolved through negotiation between the patentee and the infringer , the two parties can reach an agreement to stop infringement and compensate for losses. The two parties can also sign a patent license agreement to make the infringement legal.
(2) File a lawsuit in court
In a patent infringement dispute, if both parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in court Action for infringement.
(3) Request the patent management department to handle
1. The patentee or Interested parties can request the patent management department to handle it. If the Patent Office determines the infringement, it can order the infringer to immediately stop the infringement. If the party is dissatisfied, it can file an administrative lawsuit in court;
2. At the request of the parties, the patent management department may mediate the amount of compensation for patent infringement. If mediation fails, the parties may sue the people in accordance with the Civil Procedure Law. This lawsuit is a civil lawsuit, with the other party as the defendant, not the patent office.
According to the provisions of the Patent Law, if the invention is used without paying appropriate royalties after the publication of the invention patent application and before the patent right is granted, the patentee shall request The statute of limitations for payment of royalties is three years, generally starting from the date when the patentee knows or should have known that others are using his invention. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
