Timeliness of legal protection of patent right

The timeliness of legal protection of patent right here includes two aspects. One is that the patent right must be a valid patent 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. Other countries have similar patent protection periods. The second is the statute of limitations of patents. Article 6 1 of China's patent law stipulates that 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. Timeliness of legal protection of patent right Regarding the issue of knowing or should know the date of infringement, generally speaking, if the infringing product is sold publicly in the patentee's market, or the infringer advertises in national newspapers and other propaganda tools, it is deemed that the patentee has known or should have known the occurrence of infringement.