Limitation of patent infringement litigation 20 19?
Article 62 of the Patent Law stipulates: "The limitation period for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement." This is consistent with the provisions of Article 137 of the Civil Code. However, there are two special situations at the starting point of the limitation of patent infringement litigation: (1) suing for patent infringement for more than two years is often continuous, sometimes even intermittent. If the patentee has not claimed his rights within two years since he knew or should have known that he was infringed, and the infringement continues after two years, it is obviously unfair not to protect the patentee at this time. (II) Expenses for using the invention technology before authorization A special feature of the invention patent lies in the temporary protection before authorization. Since the invention patent has gone through "pre-publication and substantive examination", the application for the invention patent is published within 18 months from the date of application, and then other units or individuals can fully implement the disclosed invention technology, which is not considered as infringement before authorization. According to Article 13 of the Patent Law, the above-mentioned units or individuals shall pay appropriate fees, which is a temporary protection measure for the invention application.