How long is the litigation period for patent infringement
According to Article 68 of my country's Patent Law; the statute of limitations for infringement of patent rights is two years, if the Patentee or interested party knows or should know of the infringement calculated from the date of the act.
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. The calculation starts from the date when the patentee knows or should know that others are using the invention. However, if the patentee has known or should have known before the date of grant of patent right, the calculation shall start from the date of grant of patent right.
"Patent Law" Article 60: Exploiting the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court. To file a lawsuit, you can also request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people 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 administration department may apply to the People's Court for compulsory enforcement. 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.
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