What is the time for prosecution for patent infringement?

The statute of limitations for infringement of patent rights is three years. If the right holder fails to file a lawsuit within this legal period, he will lose the right to win the lawsuit. Therefore, in order to protect the legitimate rights and interests of the right holder, it is recommended to file a lawsuit in a timely manner. Regarding patent infringement, Regarding other related questions about the time for prosecution, the editor of Legal Savior Network will answer them in detail for you below.

1. What is the time for prosecution for patent infringement

1. The time for prosecution for patent infringement is within three years from the date the right holder knew or should have known about the infringement.

2. Relevant legal basis: Article 74 of the "Patent Law of the People's Republic of China" The statute of limitations for infringement of patent rights is three years, starting from the patentee or The infringement shall be calculated from the date when the interested party knew or should have known 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, it shall be calculated from the date of grant of patent right.

2. How to deal with patent infringement

1. First, the matter shall be settled through negotiation between the parties.

2. If consensus cannot be reached, the patent administration department may be requested to handle the matter. If the parties concerned are dissatisfied with the result, they may file a lawsuit in court.

3. If consensus cannot be reached, a lawsuit can be filed directly with the court.

4. Relevant legal basis: Article 65 of the Patent Law of the People's Republic of China. Implementing the patent without the permission of the patentee shall infringe the patent. If a dispute arises over the rights, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. When the patent management department handles the matter and determines that the infringement is established, it may order the infringer to immediately stop the infringement.If you are dissatisfied, you may file a lawsuit with the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China" within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent management department may apply for a People's Court Court enforced. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

The time for prosecution for patent infringement is within three years from the date the right holder knew or should have known about the infringement. If a patent right is infringed and no consensus can be reached, a lawsuit can be filed directly in court. I hope the above content will 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.