The statute of limitations for patent litigation is two years. Generally, it is calculated from the date when the patentee or interested party knows or should know about the infringement and the infringer. However, if the law has other provisions on the starting and ending time, the provisions shall be followed. Any unit or individual that exploits someone else's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees. If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote and apply them within the approved scope. If a designated unit implements the patent, the implementing unit shall pay royalties to the patentee in accordance with national regulations.
If the holder of the right to apply for a patent or the patent right has an agreement regarding the exercise of the right, the agreement shall prevail. If there is no agreement, the first owner can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the first owners.
Legal basis: Article 68 of the Patent Law of the People's Republic of China
The statute of limitations for infringement of patent rights is two years, starting from the patentee or interested parties The infringement shall be calculated from the date when the person became aware or should have become aware of the infringement.
If appropriate royalties are not paid for using the invention between the publication of the invention patent application and the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is two years. The calculation shall be calculated from the date when the patentee knows that others are using the invention. However, if the patentee has known or should have known about it before the date of grant of patent right, the calculation shall be from the date of grant of patent right.