Q: Statute of limitations for IP infringement of minor's invention starting in 1994.
I am inquiring about the statute of limitations for intellectual property rights infringement concerning an invention created by a minor. The infringement began in 1994, and no legal or informal action has been taken since that time. Could you provide more information on whether there are time limits for pursuing action and any potential impact due to the minor's age at the time of infringement?
A:
In general, the statute of limitations for intellectual property (IP) infringement varies depending on the specific type of IP (e.g., patents, copyrights, or trademarks). For patent infringement in the U.S., the statute of limitations is typically six years from the date the infringement occurred. However, for copyright infringement, the statute is usually three years from when the infringement is discovered, or should have been discovered, through reasonable diligence. Trademark infringement also falls under a similar timeframe.
Regarding minors, there are provisions in many jurisdictions that delay the statute of limitations until the individual reaches the age of majority, which is often 18. This means that if the infringement began while the individual was underage, the clock on the statute of limitations may not start ticking until the minor turns 18. Therefore, if the invention's owner was a minor in 1994, the ability to pursue legal action may still be viable, depending on their current age and when they became aware of the infringement.
It’s important to note that the clock for the statute of limitations typically does not reset or pause indefinitely. However, the delay caused by the individual's minority status can give more time to pursue claims. You may want to consult with a legal professional to get more specific guidance tailored to the situation at hand, especially if there are additional factors that could affect the timeline.
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