The limitation of action for patent infringement stipulates the period and starting point of the limitation of action. The limitation period of action is three years, counting from the date when the patentee knows or should know that the right has been damaged and the obligor knows.
Legal objectivity:
Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee. Article 189 of the Civil Code of People's Republic of China (PRC) * * * Where the parties agree to perform the same debt by stages, the limitation period of action shall be counted from the date when the last performance period expires.