Legal analysis: If the obligee files a lawsuit after the limitation of two years, if the patent right is within the validity period, the people's court should still order the defendant to stop the infringement, and the claim for compensation can be pushed forward for two years from the date of filing the lawsuit, that is, the part that exceeds two years will not be supported, and the judgment should still be made after the limitation of two years to ensure the rights and interests of the patentee and punish the infringer. Limitation of action is a time limit to ensure whether the parties' claims can be supported by the people's court. If the limitation of action is exceeded, the obligee's claim will not be supported and the infringer's infringement will not be punished. Whether the two-year statute of limitations is effective or not, the starting date becomes the key. It is clearly stipulated in the patent law and judicial interpretation that the calculation should start from "knowing" or "should know". The legal knowledge means that the obligee or interested party knows that the infringement has occurred and his rights are infringed; However, knowing clearly means that the obligee or interested party objectively has the conditions and possibilities to know about the infringement, but does not know that their rights have been infringed due to subjective carelessness. If he knows it later, he should also calculate the limitation of action from the date when the conditions objectively exist. For example, two years ago, the infringer publicly publicized or participated in an exhibition of infringing products. Because the obligee was subjectively at fault, he didn't know that his rights had been infringed, but it was only two years later that he realized that the limitation of action should still be counted from two years ago.
Legal basis: The limitation of action for patent infringement in People's Republic of China (PRC) Patent Law is two years, counting from the date when the patentee or interested party knows or should know about the infringement.
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. If the obligee brings a lawsuit for more than two years, and the infringement is still going on at the time of the lawsuit, the people's court shall order the defendant to stop the infringement within the validity period of the patent right, and the amount of infringement damages shall be calculated within two years from the date when the obligee brings a lawsuit to the people's court.