What is the deadline to enforce a Chinese patent?

- 2015-09-08

According to Chinese patent law, the statutory limitation for action against patent infringement is two years, computed from the date when the patentee or the interested party knows or has reasonable grounds to know about the infringing act.  Where the patent owner does not take action until two years later and if the infringing act continues when the action is taken, the people's court shall, within the term of validity of the patent right in question, grant the permanent injunction of the infringing act, but the damages for the infringement shall be computed from two years before the date when the patent owner institutes legal proceedings in the people's court.