Limitation of patent litigation

Legal analysis: the limitation of action for patent right is three years. 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. Where an application for a patent for invention is published and an appropriate royalty is not paid for the use of the invention before the patent right is granted, the limitation of action for the patentee to pay the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention.

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. 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.