What is the concept and statute of limitations of patent litigation
Patent litigation refers to the litigation involving patents conducted by the parties and other litigation participants in the people's court. A general term for various lawsuits related to rights and related interests. Patent litigation can be divided into a narrow sense and a broad understanding. Patent litigation in the narrow sense refers to litigation activities involving Patent rights as the subject matter after the patent right is granted;
Patent litigation in a broad sense can also include litigation involving the ownership of the application rights during the patent application stage, and litigation arising from the licensed implementation of the patented technology. Litigation, litigation to determine the identity of the inventor, litigation regarding whether the patent right can be granted during the approval stage of the patent application, and litigation involving the rights and interests of the patent applicant and related rights holders that occurred before the patent right was granted, etc.
Limitation of Patent Litigation
"Patent Law of the People's Republic of China" stipulates:
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. The Supreme People’s Court of the People’s Republic of China’s judicial interpretation of “Several Provisions on Applicable Legal Issues in the Trial of Patent Dispute Cases” stipulates that “the statute of limitations for infringement of patent rights is two years, starting from the time when the patentee or interested party knows or should know about the infringement. Calculated from the date."
The right holder sued after two years If the infringement is still continuing at the time of prosecution, within the validity period of the patent right, the People's Court shall order the defendant to stop the infringement, and the amount of infringement damages shall be calculated forward from the date when the right holder files suit in the People's Court. Calculated in two years.
In other words, after the two-year statute of limitations, the right holder If a lawsuit is filed, if the patent right is within the validity period, the people's court should still order the defendant to stop the infringement, and the compensation request can be calculated forward two years from the date of filing the lawsuit, that is, the part exceeding two years will not be supported, and the two-year statute of limitations Subsequent decisions should still be adjudicated to ensure the rights and interests of patent owners and to punish infringers.
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