Is there a Statute of Limitations on Patent Infringement?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.