When is the deadline for patent infringement - limitation on remedies?
The catalogue records a 6 years period from The act of infringement. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 6 years
- Trigger
- The act of infringement
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None expressed. The section is framed as a bar on remedies rather than on the action, so it operates as a rolling six year look-back rather than a single expiry date.
- This is a limitation on relief, not a repose period extinguishing the right of action: a plaintiff may sue at any time during the patent term but may only recover for acts of infringement in the preceding six years, with the six years running afresh for each act. The section contains no discovery rule, and its interaction with provincial limitations law via Federal Courts Act s 39 is contested in the authorities. Text confirmed word for word on verification.