What is the statute of limitations for patent infringement proceedings
The statute of limitations for patent infringement is two years. The infringement shall be calculated from the date when the person or interested party learned or should have learned of the infringement. 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 two years from the date when the patentee learned or should have learned that others were using his invention. However, if the patentee has known or should have known about it before the date of grant of patent right, the calculation shall start from the date of grant of patent right.
"Patent Law" Article 68 The statute of limitations for infringement of patent rights is two years, starting from the date when the patentee or interested party learns or should learn of the infringement.
After the invention patent application is published to before the patent right is granted If appropriate royalties are not paid for using the invention, the statute of limitations for the patentee to demand payment of royalties is two years, calculated from the date when the patentee learns or should have learned that others are using his invention. However, the patentee shall not If the patent has been known or should have been known before the date when the patent right is granted, the calculation shall start from the date when the patent right is granted.
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