The Civil Code stipulates that the statute of limitations for patent infringement is three years. Article 188 of the "People's Republic of China and Civil Code" stipulates that the statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the obligee knows or should have known that the right has been damaged and the obligor.
Legal basis
Article 188 of the "People's Republic of China and Civil Code"
Limitation period for requesting the People's Court to protect civil rights for three years. If the law provides otherwise, such provisions shall prevail.
The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.