Is there any effect if the patent is invalid?
There is a common misunderstanding about the invalidation of patents, which holds that invalid patents have no use value since they have expired. The termination of patent right refers to the extinction of the legal effect of patent right. After the termination of the patent right, the invention will become the wealth of society, and any unit or individual can use it for free. Unlike patent termination, patent invalidation does not mean that the patent protection period has expired or the patent is invalid for some reason. It is an extremely important information resource hint, which can be used to develop and utilize its formation reasons and application value. Therefore, patent invalidation also has two major effects. The first utility of invalid patent: any unit or individual can use it for free, thus obtaining economic benefits. As a kind of industrial property right, patent right is the exclusive right granted to inventors and designers by the Patent Office. Patent right is a kind of property right, which is exclusive. Without the permission of the patentee, no unit or individual may exploit its patent. The invalid patent loses this right, that is, it loses the protection of the patent law, and any unit or individual can use it free of charge. The second utility of invalid patents: any unit or individual can improve invalid patents and implement them free of charge. In the patent licensing trade, there is a way: the patentee of the original invention and the patentee of the improved invention need to reach an agreement, because the innovator is an improvement on the basis of the original invention, and the innovator must pay a certain patent technology use fee to the original inventor during the implementation process (including self-implementation and technology transfer).