After the invention-creation is granted a patent right, any unit or individual may apply for invalidation of the patent right if it finds that it does not conform to the relevant provisions of the Patent Law from the date of patent authorization. To request invalidation of a patent, an application and relevant documents must be submitted to the Patent Reexamination Board in accordance with the law, and the reasons must be explained. If the Patent Reexamination Board considers that the request complies with the law, it shall make a decision to declare the patent invalid or maintain the patent right in accordance with legal procedures. If a party refuses to accept it, he may bring a lawsuit according to law.
Second, what are the consequences of invalid patents?
After the patent right is declared invalid, the patent right shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patentee or patent assignor fails to return the patent royalty or patent assignment fee to the licensed patentee or patent assignee in accordance with the above provisions, which obviously violates the principle of fairness, the patentee or patent assignor shall return all or part of the patent royalty or patent assignment fee to the licensed patentee or patent assignee.