Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
There are no special statutory limitation provisions regarding intellectual property matters, and these matters are subject to the general seven-year limitation period prescribed by law. This limitation period on infringement actions commences on the date when the cause of action accrued. The limitation period 'race' is suspended in the following circumstances:
If the plaintiff was unaware of the fact constituting the cause of action, for reasons not dependent on it, and that could not be prevented even by taking reasonable care, the limitation period begins upon the plaintiff learning of these facts.
Case law shows an accepted position that in patent infringement each act of infringement gives rise to a new claim. Thus, a claim that seeks an injunction is not time-barred by the statute of limitation even when infringement commenced more than seven years before the claim was brought. However, damages cannot be recovered for a period in excess of the seven-year limitation period.