1. The patent right declared invalid shall be deemed as nonexistent from the beginning.
2. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgment and conciliation statement made and executed by the people's court before the patent right is declared invalid, the decision on handling patent infringement disputes that have been performed or executed, and the patent licensing contract and patent transfer contract that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
3. Failure to return the patent infringement compensation, patent exploitation fee and patent transfer fee in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, shall be returned in whole or in part.
Legal basis: The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) is 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.