1. Is the invalid patent right invalid from the date of declaration? An invalid patent right is not invalid from the date of declaration. If the patent right is declared invalid, it is legally null and void from beginning to end. From the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request invalidation if it thinks that the grant of the patent does not conform to the provisions of the Patent Law. According to the provisions of Article 47 of the Patent Law, a patent that has been declared invalid shall be regarded as nonexistent from the beginning. Article 45 of the Patent Law: Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law. An invalid patent right shall be regarded as nonexistent from the beginning. In other words, it is legally invalid from beginning to end. Invalid patent refers to a patent that has been authorized or published by the Patent Office. After certain legal procedures, it has lost the protection of the patent right or failed to obtain the protection of the patent right from beginning to end (the latter should be strictly called invalid application). Second, how to apply for a patent is invalid? According to Article 45 of China's Patent Law, if any unit or individual thinks that the grant of this patent is not in conformity with the relevant provisions of the Patent Law, it may request the Patent Reexamination Board to declare this patent invalid. That is, from the date of patent authorization, any person or unit may request invalidation of the patent. 1. Where a patent right is requested to be declared invalid or partially invalid, a fee shall be paid in accordance with the regulations, and a request for invalidation shall be submitted in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based and the necessary evidence. 2. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requesting him to state his opinions within a specified time limit. The patentee may modify the patent document, but shall not expand the scope of the original patent protection; Failure to reply at the expiration of the time limit shall not affect the trial of the Patent Reexamination Board. 3. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. An invalid patent right shall be regarded as nonexistent from the beginning. 3. What materials should I prepare to apply for an invalid patent? 1, personal identification certificate or business license and legal person certificate of the client. 2, the patentee's patent certificate, patent announcement documents. 3. Previously published patent documents, previously published scientific and technological documents, known technologies and other technical materials related to invalid patents. 4. When the patent invalidation involves infringement disputes, the client shall also provide the following materials: (1) the client's product objects, photos, product manuals and other materials. (2) All documents served by the people's court, including the complaint. (3) An explanation of the production and operation, technical source, time and production preparation of the products accused by the principal of infringement. In fact, patents are invalid for several reasons. Where a patent is declared invalid because it exceeds the statutory protection period, it shall be invalid as of the date of invalidation. If the grant of a patent is declared invalid because it does not conform to China's patent law, it is definitely not invalid from the date of announcement and has no legal effect from the beginning. It can be seen that this problem must be analyzed in combination with the reasons for invalid patents.
Legal objectivity:
The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) shall be deemed 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.