What is the statute of limitations for patent infringement? In our life, if someone else applies for a patent, we can't infringe it. If someone else's patent is infringed, we may need to make compensation. At this time, if the lawsuit is brought to the court, the other party will bear the responsibility. Below, in order to help you better understand the relevant legal knowledge, Bajie Intellectual Property has compiled the following contents, hoping to help you. What is the statute of limitations for patent infringement? According to Article 62 of the Patent Law, the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. Patent infringement should be broadly understood as an act that violates the provisions of the patent law and infringes on the rights (patent right, patent application right and remuneration right) enjoyed by the obligee according to law. Article 68 of the Patent Law of People's Republic of China (PRC) stipulates that the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. After the publication of the application for a patent for invention, before the patent right is granted, the limitation period for the patentee to request payment of the royalties is two years, counting from the date when the obligee knows or should know that others are using his invention-creation, but if the patentee knew or should have known before the patent right was granted, counting from the date when the patent right was granted. The above contents are related answers. Under normal circumstances, the limitation of action for patent infringement is two years, which is generally calculated from the date when the patentee and interested parties learn of the infringement, rather than from the time when others infringe the patent right.

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Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases Article 9 In a dispute case accepted by a people's court, if the defendant requests to declare the patent right of utility model or design invalid during the defense period, the people's court shall suspend the lawsuit, but the lawsuit shall not be suspended under any of the following circumstances: (1) The search report or patent evaluation report issued by the plaintiff fails to find out the reason for the invalidation of the patent right of utility model or design; (2) The evidence provided by the defendant is sufficient to prove that the technology used by the defendant is known; (3) The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient; (4) Other circumstances in which the people's court considers that the lawsuit should not be suspended.