What are the legal consequences of invalid patent reexamination?

Legal analysis: The legal consequence of invalidating a patent reexamination is that the invalidated patent right is deemed to have never existed from the beginning.

Legal basis: "Patent Law of the People's Republic of China" Article 47 A patent right declared invalid shall be deemed to have ceased to exist from the beginning.

The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made and executed by the People's Court before the declaration of the patent right invalid, the patent infringement dispute resolution decision that has been executed or enforced, and the decision on patent infringement dispute that has been executed The executed patent license contract and patent rights transfer contract do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

If patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.