Prosecution of patent infringement for more than three years is often continuous, sometimes even intermittent. If the right exceeds three years, the court will order the defendant to stop the infringement and pay the estimated amount of infringement damages within three years before the date of prosecution. This judgment must meet two preconditions: the infringement is still going on at the time of prosecution; The patent right is still valid at the time of prosecution.
The particularity of invention patent lies in the temporary protection before authorization. As the invention patent is subject to "pre-publication and substantive examination", the application for invention patent is published within 18 months from the date of application. At this time, other units or individuals can completely implement the disclosed invention technology. This behavior is not regarded as infringement before authorization, and the above-mentioned units or individuals should pay appropriate fees, which is a temporary protection measure for the invention application. Where the patentee knows or should know before the date of authorization, the limitation period shall be counted from the date of patent authorization. There are two starting points for this kind of limitation of action: the date of patent authorization; 2. The patentee knows or should know the date of the act, and the latter is the actual starting point.
Infringement of intellectual property rights:
1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance;
2. Forging or manufacturing identical or similar trademarks or special signs without authorization, or selling forged or unauthorized trademarks or special signs;
3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements;
4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places;
5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for the infringement;
6. Other infringements in violation of relevant national laws and regulations.
In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:
1, force majeure;
2. A person with no capacity for civil conduct or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;
3. No heir or estate manager has been determined after the beginning of inheritance;
4. Creditors are controlled by debtors or others;
5. Other obstacles that prevent the obligee from exercising the right of claim.
The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.
legal ground
People's Republic of China (PRC) Civil Code
Article 188 The limitation of action for requesting the people's court to protect civil rights shall be 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.
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of copyright civil disputes.
Article 27 The limitation of action for infringement of copyright is three years, counting from the day when the copyright owner and the obligor know or should know that their rights have been infringed. If the obligee has prosecuted for more than three years and the infringement continues at the time of prosecution, the people's court shall order the defendant to stop the infringement within the copyright protection period; The amount of compensation for infringement damages shall be calculated for three years from the date when the obligee brings a lawsuit to the people's court.