What is the statute of limitations for patent litigation
Patent litigation statute of limitations means that if the Patentee or interested party does not exercise their rights within the time limit stipulated by law, they will lose the right to request the people's court to follow the litigation procedures. The right to compel the infringer to perform.
"Patent Law" stipulates that any infringement of patent rights The statute of limitations is two years, calculated from the date the patentee or interested party knew or should have known about the infringement. “Knowing” of an infringement refers to the fact that an infringement occurred. This is a subjective state of the patentee or interested party, and it is difficult for others to prove it. "Should have known" of infringement means that objectively the patentee or interested party should have known the fact that there was infringement, which can be proven by others. After the patentee files an infringement lawsuit, if the defendant believes that the statute of limitations has expired, then the defendant must prove it.
The interested party refers to the licensed person persons, in particular exclusive licensees or licensees of exclusive licenses, and beneficiaries of compulsory licenses. If the statute of limitations expires, the patentee will of course no longer be able to request protection from the People's Court, and at the same time, they will not be able to request protection from the patent administration agency. This is because the handling by the patent administration agency and the hearing by the people's court have the same effect, both of which force the infringer to perform his obligations. Therefore, when the statute of limitations expires, the patentee cannot request protection from the People's Court, nor can it request protection from the patent administration agency.
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