According to the Patent Law of People's Republic of China (PRC), the term of patent right is 20 years. The limitation of action for patent infringement is generally three years, that is, counting from the date of infringement. If no lawsuit is filed after the expiration of three years, no legal action can be taken against the infringement. It should be noted that if the infringement occurs within one year before the expiration of the patent right, the limitation of action is one year after the expiration of the patent right, which means that it can reach four years at most. In addition, patent infringement cases are usually complicated and technical in judicial practice, so it is suggested that the parties take timely measures to start the proceedings as soon as possible.
If the patent right is declared invalid, what impact will it have on the patent infringement litigation that has been filed? If the patent right is declared invalid, the patent infringement lawsuit that has been filed may be terminated or withdrawn. Because the patent right has been confirmed invalid, the original infringement of the patent will no longer constitute infringement. However, if the infringement occurs within the validity period of the patent right, the parties can still take legal action.
The limitation of action for patent infringement is generally three years. If a lawsuit is filed within one year before the expiration of the patent right, the limitation of action shall be one year after the expiration of the patent right. If the patent right is declared invalid, the patent infringement lawsuit that has been filed may be terminated or withdrawn. Remind the parties to take timely measures to start the proceedings as soon as possible.
Legal basis:
Upon the expiration of Article 63 of the Patent Law of People's Republic of China (PRC), if the licensee requests to terminate the infringement, the provisions of Article 62 of this Law shall apply. In case of infringement within one year before the expiration of the patent right, the limitation period of civil action shall be one year after the expiration of the patent right. The limitation period of civil action is three years from the date of obtaining the patent right.