How long is the statute of limitations for patent infringement cases?
How long is the statute of limitations for patent infringement cases? The invention of a new technology can be patented and protected by the national patent protection law after application. So if there is patent infringement, how long is the statute of limitations for patent infringement cases? What is the statute of limitations for patent infringement cases? 1. According to the Measures for Handling Patent Disputes in Patent Work, the time limit for requesting to handle patent disputes is 2 years, counting from the date when the patentee or interested party knows or should know. The so-called knowing means that the patentee or interested party exactly discovers and knows that their rights and interests have been infringed. Two, the so-called should know, refers to the patentee or interested party does not know that their rights and interests have been infringed, but according to the objective facts, it can be inferred that they should know. Such as openly selling and using infringing products; Patent Gazette has published other people's patent application documents, etc. Three, in the mediation of patent disputes, in most cases, the date of a legal fact as the starting date of the limitation of action. For example, from the date of authorization announcement, due to the legal facts published in the patent announcement, it can be inferred as a condition that it should know. Therefore, the patentee or interested party should pay attention to the information in the patent announcement, exercise the right to claim in time, and avoid losses caused by the delay of prescription. Article 68 of the Patent Law has a limitation of action of two years, counting from the date when the patentee or interested party knows or should know about the infringement.