Legal thinking on whether the limitation of action is applicable to patent ownership dispute litigation

Legal analysis: one kind of patent ownership dispute is ownership dispute caused by infringement, and the other is ownership dispute caused by contract. In the former case, it should be handled in accordance with the statute of limitations stipulated in the judicial interpretation of patent continuous infringement, that is to say, the patent ownership dispute caused by infringement is not limited by the statute of limitations, but of course by the patent term. In the latter case, it can be handled according to the statute of limitations for contract disputes.

Legal basis: Article 74 of the Patent Law of People's Republic of China (PRC).

The limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer.

If the patentee fails to pay an appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.