Legal subjectivity:
Article 188 of the "General Principles of the Civil Law" 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. According to this provision, if patent rights are infringed as civil rights, the statute of limitations is also three years. Legal objectivity:
Article 188 of the "People's Republic of China and Civil Code" 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 right holder knows or should know that the right has been damaged and the obligor knows. 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.