2. In the first paragraph, this article stipulates that the invalidation of the patent right has retrospective effect at the same time, and in the second paragraph, it stipulates that it does not have retrospective effect in several cases, including:
1. The patent infringement judgment and ruling made and executed by the people's court before the invalidation of the patent right is not retroactive.
2. The invalidation of the patent right has no retrospective effect on the decision on handling patent infringement disputes that have been performed or executed.
3. The invalidation of the patent right shall not be traced back to the implementation of the license contract or patent right transfer contract that has been performed.
3. In accordance with the provisions of the second paragraph of this article, if the patent right is declared invalid, the patent exploitation license contract or patent right transfer contract that has been performed shall not be retroactive, and the parties concerned shall not request the return of the patent exploitation fee paid for the performance of the patent exploitation license contract or the transfer fee paid for the performance of the patent right transfer contract.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.