Legal analysis: the patent is declared invalid, which means that the law will not protect it. There are two legal consequences of invalid patent: First, invalid patent right is regarded as nonexistent from the beginning. That is, it is legally recognized that the patent right is not legally binding from the beginning of authorization, rather than losing its legal effect after being declared invalid, that is, the invalidation of the patent right has retrospective effect. Second, but the following three situations are not retroactive, including: 1, and the judgment and ruling of patent infringement made and executed by the people's court before the patent right is declared invalid are not retroactive. 2. The invalidation of the patent right shall not be traced back to the decision on handling the patent infringement dispute that has been performed or executed. 3, the patent license contract or patent transfer contract has been performed, the patent invalidation is not retroactive.
Legal basis: The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) is regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. 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.