The invalidated patent right is deemed to have ceased to exist from the beginning. Decisions to declare the patent right invalid, patent infringement judgments and mediation documents made by the People's Court and executed before the patent right was declared invalid, patent infringement dispute resolution decisions that have been executed or enforced, as well as executed patent implementation licensing contracts and Patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee. If patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the above provisions, which obviously violates the principle of fairness, all or part of the compensation shall be returned.
Legal Basis
Article 47 of the Patent Law of the People's Republic of China A patent right declared invalid shall be deemed to have never existed from the beginning. Decisions to declare the patent right invalid, patent infringement judgments and mediation documents made by the People's Court and executed before the patent right was declared invalid, patent infringement dispute resolution decisions that have been executed or enforced, as well as executed patent implementation licensing contracts and Patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee. If the compensation for patent infringement, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.