Legal subjectivity:
The power of legal interpretation belongs to the Standing Committee of the National People's Congress. The Supreme People's Court, the Supreme People's Procuratorate, the State Council, the Central Military Commission and the special committees of the National People's Congress, as well as the Standing Committees of the People's Congresses of provinces, autonomous regions and municipalities directly under the Central Government may submit requests for legal interpretation to the Standing Committee of the National People's Congress. Legal objectivity:
A patent right declared invalid by Article 47 of the Patent Law of the People's Republic of China is deemed to have never existed from the beginning. The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made by the People's Court and executed before the declaration of the invalidity of the patent right, the decision on settlement of patent infringement disputes that has been executed or enforced, and the executed patent implementation license contract 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 patent infringement compensation, 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.