What is the statute of limitations for patent infringement lawsuits?

We all know that patents are protected, so when a patent is infringed, how do I sue and how long is the statute of limitations for litigation? Let’s follow the editor of Legal Savior Network to find out! Hope that helps.

What is the statute of limitations for infringement of patent rights?

"Patent Law" Article Article 68 stipulates: “The statute of limitations for infringement of patent rights is two years, calculated from the date when the Patentee or interested party learns or should learn of the infringement.”

However, there are two special circumstances in which the statute of limitations for patent infringement begins:

(1) Suing for patent infringement lasting more than two years The behavior is often continuous, sometimes even intermittent

If the patentee learns or should have learned of the infringement within two years, The patentee has not asserted his rights, and two years later, the infringement continues. It is obviously unfair if the patentee cannot be protected at this time. The patentee's claims can be divided into property rights claims and creditor's rights claims. The former refers to the cessation of infringement. For the purpose of the statute of limitations system, this type of claim itself is not restricted by the statute of limitations; the latter refers to compensation for losses, which is of course applicable. There is a statute of limitations for litigation, but the amount of compensation for infringement losses calculated forward two years from the date the patentee files a lawsuit in the People's Court is still within the statute of limitations.

(2) Inventions before authorization A special feature of technology royalty invention patents is the temporary protection before authorization

Since invention patents implement "early publication and substantive examination" , an invention patent application will be published 18 months after the filing date. At this time, other units or individuals can completely implement the disclosed invention technology. This behavior will not be regarded as infringement before authorization. According to regulations, units or individuals should pay appropriate fees, which is a temporary protection measure for invention applications. There are two starting points for the statute of limitations in litigation: the first is the date when the patent is granted; the second is the date when the patentee learns or should have learned of the act, with the later of the two starting points being the actual starting point.

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