What laws apply to design patent cases
"Patent Law"
Article 42 The term of invention Patent rights is twenty years, and the term of utility model patent rights and design patent rights is Ten years are calculated from the date of application.
Article 68 Litigation for infringement of patent rights The statute of limitations is two years, starting from the date when the patentee or interested party learns 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. , shall be calculated 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, it shall be calculated from the date of grant of patent right.
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