Patent right refers to the exclusive right granted by the state to the inventor or designer within a certain period of time in accordance with legal procedures on the premise that the content of the invention is open to the public and the invention has legal interests to the society.
First, the limitation of action for patent infringement shall meet the following requirements:
1. 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.
2, after the publication of the application for a patent for invention, before being granted the patent right, the patentee fails to pay the appropriate royalties, and the limitation of action for paying the royalties is three years, counting from the date when the patentee knows or should know that others are using his invention.
3. In patent infringement litigation, the plaintiff should first collect and sort out evidence according to the four elements of tort liability stipulated in China's civil tort legal norms. At the same time, combined with the particularity of patent infringement, the following evidence should generally be provided:
(a) the plaintiff's qualification certificate
The natural person is an ID card, and the enterprise or institution is a business license or institution registration certificate.
(2) Patent certificate
Prove the ownership status of the patent right when it is authorized.
(3) A copy of the patent register
In a sense, the copy of the patent register is more important evidence than the patent certificate. Because the copy of the patent register records the change of patent ownership after the patent is authorized.
(four) the text of the patent authorization announcement
Including the claims, specifications, abstracts and abstract drawings of the invention or utility model; Announce the pictures or photos authorized by the design and a brief description.
(5) Patent annual fee receipt
Prove that the patent continues to be valid. If a copy of the patent register is provided, the annual fee receipt may not be provided.
Legal basis:
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.