What is a stay of patent infringement litigation?

Patent infringement is a relatively common illegal act in the field of technological innovation and development. The occurrence of infringement is often accompanied by litigation against the parties involved. However, sometimes when the case trial proceeds to a certain situation, the appellant may choose to suspend the proceedings. Then, the editor of Legal Savior Network will introduce the relevant legal content to you in detail. I hope it will be helpful to you.

What is a stay of patent infringement litigation?

Suspension of litigation refers to the temporary suspension of ongoing litigation procedures due to special circumstances during the trial of the case, and the resumption of litigation after the reasons for the suspension disappear. a system. Suspension of litigation is crucial to correctly handling intellectual property disputes and safeguarding the legitimate rights and interests of the parties. Therefore, the correct application of stay of litigation has become a difficulty in intellectual property trials.

"Patent Law" Article 68 The statute of limitations for infringement of patent rights is two years, starting from the date when the Patentee or interested party learns or should learn of the infringement.

After the invention patent application is published to before the patent right is granted If appropriate royalties are not paid for using the invention, the statute of limitations for the patentee to demand payment of royalties is two years, calculated from the date when the patentee learns or should have learned that others are using his invention. However, the patentee shall not If the patent has been known or should have been known before the date when the patent right is granted, the calculation shall start from the date when the patent right is granted.

I hope the above introduction will be helpful to you. If your situation is more complex, Legal Savior Network provides you with online lawyer consultation. You are welcome to come for legal consultation.