1. Is the limitation of patent litigation two years or three years? The statute of limitations for patents is three years.
Article 188 of the Civil Law stipulates that the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
II. Types of patent litigation What types of patent litigation include:
1. patent ownership litigation;
2. Patent infringement litigation;
3. Patent contract litigation;
4. Patent administrative litigation;
5. Other patent litigation.
Other patent-related litigation includes litigation caused by the qualification of the inventor or designer, and litigation caused by the failure of the unit to give the inventor or designer a certain reward or remuneration according to law after the implementation of the service invention-creation and economic benefits.
Third, the evidence required for patent litigation reminds you that the evidence required for patent litigation:
1. Where the patentee files a lawsuit, it shall submit documents to prove the authenticity and validity of its patent right, including patent certificate, patent claim, specification and recent patent annual fee payment certificate. Where the plaintiff files a lawsuit against the patent right for utility model, it shall submit a search report issued by the patent administration department of the State Council.
2. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, as well as comparative materials on the technical characteristics of the patent and the alleged infringing products.
3. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the losses suffered by the obligee due to infringement or the benefits gained by the infringer due to infringement are difficult to determine, the people's court may reasonably determine the amount of compensation with reference to 1 to 3 times of the patent license fee; If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, according to the types of patent rights, the nature and circumstances of the infringement and other factors.