Is there a Statute of Limitations on Patent Infringement?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Is there a statute of limitations for filing a patent lawsuit for stolen invention that was already issued as a patent? If yes, then when does this statute of limitations begin?”

If you are talking about a statute of limitations on patent infringement, then the general answer is that while there is no overall statute of limitations, there *is* a limitation on when you can recover damages (i.e. get money), and that limit is 6 years.  Generally, most statutes of limitation start running from when the injured party knew – *or should have known* – about the damaging act.  That said, we are not intellectual property attorneys, and if you feel that a patent that you own has been infringed on, you should consult with an IP attorney as soon as possible.