Effect of termination or invalidation of patent right

The patent licensing contract is only valid during the patent right. Where the term of validity of the patent right expires or the patent right is declared invalid, the patentee may not conclude a patent licensing contract with others for the patent. After the expiration of the patent right, the original patentee may not conclude a patent licensing contract with others for the patent. However, if the patent right is valid when the license contract is signed, but it is later declared invalid or terminated for other reasons, then if the patent right is terminated (including being declared invalid) within the validity period of the license contract, the patent license contract shall also be terminated at the same time, and the licensee may stop paying the royalties after the patent right expires. In principle, the licensee cannot ask for the return of the paid royalties, and the patentee has the right to ask the licensee to pay the royalties owed before the patent right. However, if the patent right is declared invalid and the patentee maliciously or fails to return the royalties, which obviously violates the principle of fairness, the patentee shall compensate or return it. The patentee cannot terminate the patent licensing contract at will, and it is illegal to terminate it in advance. This point has been clearly marked in the contract, unless the contract is terminated within the statutory time or the agreed time limit, this point should be made clear when signing the contract, and how to deal with this situation in the future should be negotiated.