The retroactive period for trademark infringement is three years. According to the relevant provisions of the Patent Law, a patentee may apply to the People's Court for protection of its patent rights within a three-year period starting from the date when the patentee or an interested party knows or should know about the infringement and the infringer.

Legal basis

Article 74 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021

Infringement of patent rights The statute of limitations is three years, starting from the date when the patentee or interested party knows or should know 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. The invention shall be calculated from the date of use of the invention. However, if the patentee knew or should have known before the date of grant of patent right, the calculation shall be from the date of grant of patent right.