Legal analysis: after the patent right is declared invalid, it is regarded as nonexistent from the beginning. The patentee shall carefully read and analyze the main reasons for declaring the patent invalid put forward by others, and prepare and write a statement of defense opinions in a targeted manner. The patentee should carefully read and understand the comparison document, analyze the essential difference between his own claim and the existing technology, and then determine whether the reasons put forward by the other party are valid or not, and whether it will undermine the patentability of this patent. At the same time, the patentee analyzes whether the evidence provided by the other party is true and sufficient. In a word, through analysis, the patentee can know fairly well before making a decision. If the patentee finds that the reasons put forward by others are not valid and the evidence provided is untrue and insufficient, the patentee may begin to prepare a statement of defense opinions and request the Patent Office to reject the invalid request. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice.
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.