Analysis On Patent Ownership Dispute Of The Statute Of Limitations

With the development of technology.more and more patent have been patented and protected by the patent law. Consequently, the number of patent infringement is increasing dramatically and the case judgement is more and more complex too. the cause of intellectual property rights in China, especially with the rapid development of patents, patent ownership litigation patent litigation has become more important in a lawsuit. In fact, because property and claims of intellectual property rights and take its place in civil law, according to property or claims of the theory developed in the civil action can not certainly apply to intellectual property litigation. Patent ownership disputes, claims and litigation not appropriate to apply directly to litigation or litigation of property rights theory, it is necessary to conduct independent research. On patent ownership litigation, with regard to the applicability of the statute of limitations issue, the dispute are large, has been the theory and judicial practice problems.This essay is to clarify the Chinese courts on patent ownership litigation in the present situation of the statute of limitations applicable to Yu dechao sued Hu fang.etc on patent ownership disputes, for example, through the characteristics of intellectual property law and civil law as well as its property and comparative analysis of claims and civil statute of limitations relating to the theory of a comprehensive study to determine the nature of patent ownership litigation and classification, and hoping to do its bit for the judging of china’s patent infringement cases, thus promoting the development and improvement of China’s patent system.