What if the patent is declared invalid?

Where a patent is declared invalid, the solution includes: the party concerned may, within three months from the date of receiving the notice, apply to the Patent Application Reexamination Board which made the decision on invalidation for reexamination. If the party concerned is still dissatisfied with the reconsideration result, he may bring a suit in a people's court within three months from the date of receiving the notice.

legal ground

Article 41 of the Patent Law of People's Republic of China (PRC)

If the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject the application, he may request a reexamination to the patent administration department in the State Council within three months from the date of receiving the notice. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.