Legal analysis
First of all, the old administrative procedure law stipulated that the time limit for prosecution should be put forward within three months from the date when the specific administrative act was made, and within six months from the date when the specific administrative act was made. Compared with the provisions of the old and new procedural laws, in addition to the change of the prosecution period, the wording has also changed, and the words should be known have been added. There is no clear judicial explanation on how to determine the starting date of the prosecution period. The reply of the former General Office of the Ministry of Labor on how to understand it has certain reference significance. The content refers to the date when the enterprise knows or should know that its rights have been infringed, which means the date when there is evidence to prove that the right holder knows that his rights have been infringed, or the date when the right holder knows that his rights have been infringed according to the general legal provisions, that is, the date when the labor dispute occurred. Knowing or should know that one's rights have been violated is the beginning of the limitation of labor dispute arbitration appeal. Therefore, if you know or should know that the date when your rights are infringed should not be counted from the date when the infringement ends, and if you take an administrative action against an administrative organ, you have not informed the parties of the right to appeal and the time limit for prosecution, but you have made the provision that the time limit for prosecution should be counted only after the parties know or should know of the right to appeal or the time limit for prosecution. The premise of applying the interpretation of Article 41 of the original procedural law is that the administrative organ has not informed the parties of the right of appeal or the time limit for prosecution, and the starting date of the time limit for prosecution is the day when they know or should know the right of appeal or the time limit for prosecution.
legal ground
Article 74 of the Patent Law of People's Republic of China (PRC) stipulates that the limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer. If the patentee fails to pay an appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.