Legal basis: The decision to declare the patent right invalid in Article 47 of the Patent Law of People's Republic of China (PRC) has no retrospective effect on the patent infringement judgment and conciliation statement made and executed by the people's court before the patent right was declared invalid, the fulfilled or executed patent infringement dispute settlement decision, and the fulfilled patent licensing contract and patent transfer contract. 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.