What is the request for invalidation of patent right?
Invalidation of patent right refers to the system that any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of patent right is not in conformity with the provisions of the Patent Law from the date when China National Intellectual Property Administration announced the grant of patent right. China's patent invalidation system is established to correct China National Intellectual Property Administration's wrong decision to grant patents to inventions that do not meet the requirements of patent laws and regulations, and to safeguard the fairness of patent granting. Article 47 An invalid patent right shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was 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.