Patent invalid patentee

1. An invalid patent right shall be regarded as nonexistent from the beginning. In accordance with the provisions of the first paragraph of this article, the patent right that has been declared invalid shall be deemed to have ended from beginning to end. The so-called "regarded as nonexistent from the beginning" means that the patent right is recognized by law as not legally binding from the beginning of authorization, rather than losing its legal effect after being declared invalid, that is, the patent right invalidation has retrospective effect. 2. The first paragraph of this article stipulates that the invalidation of the patent right has retrospective effect, while the second paragraph stipulates that it does not have retrospective effect in several cases, including: 1. The invalidation of the patent right shall not be retroactive to the judgments and rulings of patent infringement made and executed by the people's court before the invalidation of the patent right. Before the patent right is declared invalid, the patentee brings a lawsuit to the people's court on the grounds that others have infringed his patent right. If the people's court makes a judgment or ruling on compensation for patent infringement and executes it according to the patent right in force at that time, the judgment or ruling that has been made and executed after the patent right is declared invalid has no retrospective effect. Where a patent right is infringed in accordance with a judgment or ruling, the party concerned may not request the return of compensation for infringement damages. 2. The invalidation of the patent right has no retrospective effect on the decision on handling patent infringement disputes that have been performed or executed. In accordance with the provisions of Article 57 of this Law, the parties may request the administrative department for patent affairs to handle the patent infringement dispute; If a party refuses to accept the treatment made by the department in charge of patent work, he may bring an administrative lawsuit to the people's court within the prescribed time limit. If the party concerned neither brings a suit nor complies with the decision made by the administrative department for patent affairs at the expiration of the time limit, the administrative department for patent affairs may request the people's court to enforce it. Where the decision made by the administrative department for patent affairs on the handling of patent infringement disputes has been fulfilled by the parties concerned, or the administrative department for patent affairs applies to the court for compulsory execution, and then the patent right is declared invalid, it shall not have retrospective effect.