According to the provisions of Article 47 of the Patent Law, “A patent right declared invalid shall be deemed to have never existed from the beginning. The decision to declare the patent right invalid shall be made by the People’s Court before declaring the patent right invalid. Judgments and rulings on patent infringement that have been executed, patent infringement dispute settlement decisions that have been performed or enforced, and patent implementation license contracts and patent rights transfer contracts that have been performed have no retroactive effect, but they are caused to others due to the bad faith of the patentee. "Compensation should be made for the losses." Therefore, simply speaking, to determine whether the previous production and sales behavior constitutes infringement, it depends on whether there is bad faith. Under normal circumstances, it will not be considered as infringement.