What does it mean to give up the patent right from the beginning?

The waiver of the patent right is the waiver from the beginning, except for the patent that is declared invalid. According to the relevant laws and regulations, if the patentee gives up his patent right in writing, the patent right will be terminated before the expiration of the time limit. A patent right declared invalid by the patent administration department shall be regarded as nonexistent from the beginning.

legal ground

Article 44 of the Patent Law shall be terminated before the expiration of the time limit under any of the following circumstances: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Article 47 An invalid patent right shall be 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.