Statute of limitations rules in patent infringement litigation in China

Abstract

Abstract This article examines the statute of limitations applicable to patent infringement actions in China, highlighting open questions that will require legislative and judicial clarification over the coming years. In 2020, the fourth amendment to the Chinese Patent Law introduced a 3-year limitation period, resolving the pre-existing discrepancy with the Civil Code. However, several issues remain open to interpretation and in need of further clarification. These include the commencement of the limitation period, proof of actual or constructive knowledge of the infringement and of the identity of the infringer(s) and the applicable statute of limitations for acts of infringement occurred before the 2020 amendment.