The self-registration of patent rights is protected by my country’s laws related to patent rights, and the legitimate rights and interests of the patentee are protected according to the scope of the patentee’s application. For some patent rights applied in violation of regulations, we can also apply for the invalidity of the patent right. So, what is your understanding of the invalidated patent right being regarded as non-existent from beginning to end? Let me give you a detailed introduction to the relevant knowledge.
A patent right declared invalid is deemed to have never existed from the beginning: Judicial Interpretation of Article 47 of the Patent Law of the People’s Republic of China 1. A patent right declared invalid is deemed to have existed from the beginning That is, it does not exist. In accordance with the provisions of paragraph 1 of this article, a patent right declared invalid shall be deemed to have ceased to exist from the beginning. The so-called "deemed not to have existed from the beginning" refers to the legal determination that the patent right has no legal binding force from the time of authorization, rather than losing legal effect after being declared invalid. That is, the declaration of invalidity of the patent right is retroactive. And powerful. 2. While the first paragraph of this article stipulates that the invalidation of a patent right has retroactive effect, it also stipulates in the second paragraph that it will not have retroactive effect in several situations, including: 1. The people’s rights before the patent right was declared invalid. Judgments and rulings on patent infringement and invalidation of patent rights that have been made and implemented by the court do not have retroactive effect. Before the patent right is declared invalid, the patentee files a lawsuit with the People's Court on the grounds that others have infringed upon its patent right. The People's Court makes a judgment or ruling on damages for patent infringement based on the patent right that is still valid at that time and has already If the patent right is executed, after the patent right is declared invalid, the judgment or ruling that has been made and executed will not have retroactive effect. The parties shall not request the return of infringement damages awarded based on judgments or rulings of patent infringement. 2. The invalidation of patent rights does not have retroactive effect for decisions on patent infringement disputes that have been implemented or enforced. In accordance with the provisions of Article 57 of this Law, for disputes arising from infringement of patent rights, the parties concerned may request the patent management department to handle it; if the party is dissatisfied with the handling made by the patent management department, the party may file a lawsuit with the people within the prescribed time limit. Administrative proceedings were initiated in court. If the party concerned neither files a lawsuit nor implements the decision made by the patent management department upon expiration of the time limit, the patent management department may request the People's Court for compulsory enforcement. If the decision of the department that manages patent work on patent infringement disputes has been fulfilled by the parties concerned, or the department that manages patent work has applied to the court for enforcement, the subsequent declaration that the patent right is invalid will have no retroactive effect. 3. The invalidation of patent rights does not have retroactive effect on a patent license contract or patent rights transfer contract that has been performed. No party may request the return of patent royalties paid for the performance of a patent license contract or transfer fees paid for the performance of a patent rights transfer contract. According to the general principles of civil law, the benefits obtained by the invalidated patentee from the exercise of the patent right are unjust enrichment. Since the invalidated patent right is deemed to have never existed from the beginning, the patentee should treat unjust enrichment as Return to the counterparty. However, considering that patent rights are an intangible property right and the complexity of authorization situations, it is difficult to ensure that every patent right granted meets the conditions stipulated by law and will not be later declared invalid. If a patent right is declared invalid, it will be traced back to the judgments and rulings made and implemented by the court, and the decisions made and implemented or enforced by the department managing patent work, which will cause the court’s judgments, rulings and administrative Institutional decisions are in an unstable state, which in turn affects the stability of the social and economic order. For patent implementation licensing contracts and patent rights transfer contracts, the licensee and the patent right transferee have obtained actual benefits from the protection of the patent right before the patent right was declared invalid, and the patent royalties paid by them and It is also reasonable that the patent transfer fee will not be refunded. Of course, according to the provisions of this paragraph, if the patentee causes losses to others due to the bad faith of the patentee, compensation shall be provided.
3. In accordance with the provisions of paragraph 2 of this article that the declaration of invalidity of patent rights does not have retroactive effect on the executed patent license contract or patent rights transfer contract, the patent royalties paid for the performance of the patent license contract or the patent rights paid for the performance of the patent The parties shall not request the return of the transfer fee paid for the right transfer contract. However, Paragraph 3 of this Article also stipulates that if, in accordance with the provisions of Paragraph 2, the patentee or patent transferor fails to return the patent royalties or patent transfer fees to the licensed patentee or patent transferee, it is a clear violation of fairness. In principle, the patentee or patent transferor shall return all or part of the patent royalties or patent transfer fees to the licensee or patent transferee. For example, shortly after the execution of a license contract or transfer contract, the person licensed to exploit the patent or the patent assignee has not yet exploited the relevant patent or has exploited it for a short period of time, the patent right will be declared invalid. In a short period of time, they have not obtained actual benefits from the implementation of the patent or the benefits they have obtained are far from the patent royalties and transfer fees paid. When obvious unfairness occurs, the patentee or the patentee shall The transferor shall return all or part of the patent royalties or patent rights transfer fees to the licensee or patent transferee.