What is the statute of limitations for patent infringement claims?

Imagine you've poured your heart and soul into an invention, finally securing a patent to protect your intellectual property. But what happens if someone infringes on your patent, meaning they use, make, sell, or offer to sell your invention without your permission? You'll likely want to take legal action to stop them and potentially recover damages. However, there's a crucial time limit to consider: the statute of limitations.

Country Limitation periods allowed Country Limitation periods allowed
United States Six years
United Kingdom Six years
India Three years
China Three years
Japan Absolute 20 years

The Key Points to remember:

Time window: You have only limited years to file a lawsuit after the infringement occurs, not from the date you discover it.

No extension for concealment: Even if the infringer conceals their actions, it doesn't extend the time limit for filing a lawsuit.

If you suspect patent infringement, consult with a qualified intellectual property attorney as soon as possible. They can advise you on your specific situation, the best course of action, and potential legal strategies. The longer you wait to take action, the more difficult it can be to gather evidence and build a strong case. By understanding the statute of limitations and seeking legal advice promptly, you can increase your chances of successfully protecting your patent rights in the event of infringement.

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