There is generally no time limit for counterclaims, but counterclaims generally exist while the case is being processed and should be filed at the latest after the trial debate in the court of first instance. The statute of limitations for petitioning the People's Court for protection of civil rights is three years. Except as otherwise provided by law. What is the statute of limitations for counterclaims: Like the general statute of limitations, in principle it is 3 years. If the fact that the rights of the parties involved in a technology contract dispute are infringed occurred before the implementation of the Contract Law, and more than one year has elapsed from the date the parties knew or should have known that their rights were infringed to the date the Contract Law came into effect, the People's Court will not grant protection; if it has not been more than one year, years, the statute of limitations for filing a lawsuit is two years. The statute of limitations for patent infringement is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement. If an invention patent application is published but before the patent right is granted, appropriate royalties are not paid for use of the invention, the statute of limitations for the patentee to demand payment of royalties is two years from the date when the patentee learned or should have learned that others were using his invention. However, if the patentee knew or should have known about it before the date of grant of patent right, the calculation shall start from the date of grant of patent right. 1. General elements of a counterclaim:
1. This lawsuit is in progress and a counterclaim is filed before the end of the court debate.
2. The counterclaim does not fall under the exclusive jurisdiction of other courts. If the counterclaim falls under the exclusive jurisdiction of other courts, and the court hearing the current lawsuit has no jurisdiction, the counterclaim cannot be heard jointly with the original lawsuit.
3. The counterclaim can be subject to the same procedure as the original lawsuit.
4. The counterclaim and the main claim are incompatible with each other or one of the claims is a prerequisite for the other.
5. The counterclaim must be filed by the defendant against the plaintiff. 2. The prosecution must meet the following conditions:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
2. There is a clear defendant;
3. There are specific litigation claims, facts and reasons;
4. It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit. Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" Article 33 The people's court shall serve the notice of production of evidence to the parties at the same time as the notice of case acceptance and the notice of response. The notice of production of evidence shall specify the principles and requirements for the distribution of the burden of proof, the circumstances under which an application may be made to the People's Court for investigation and evidence collection, the time limit for production of evidence designated by the People's Court based on the circumstances of the case, and the legal consequences of overdue evidence provision. The time limit for producing evidence can be agreed upon by the parties through negotiation and approved by the people's court. If the people's court specifies a time limit for producing evidence, the specified time limit shall not be less than thirty days, and shall be calculated from the day after the parties receive the notice of case acceptance and the notice of response.