The decision to declare the patent right invalid in the second paragraph of Article 47 of the Patent Law shall not have retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's courts before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.