Legal analysis: the timeliness of legal protection of patent rights includes two aspects: first, patent rights must be valid patents within the patent protection period. As far as China is concerned, the protection period of invention patents is 20 years, and the protection period of utility model and design patents is 10 year. The second is the statute of limitations of patents. Article 6 1 of China's patent law: the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement.
Legal basis: Article 61 of the Patent Law of People's Republic of China (PRC) stipulates that the limitation period of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement.