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.
In accordance with the provisions of the preceding paragraph, if the patentee or the patentee's transferor fails to return the patent royalty or patent transfer fee to the licensee or the patentee, which obviously violates the principle of fairness, the patentee or the patentee's transferor shall return all or part of the patent royalty or patent transfer fee to the licensee or the patentee's transferee.
If the patent is declared invalid, there is no infringement.
There are three main situations for the termination of patent right:
When the term of 1. expires, the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right shall be maintained for 10 years from the date of application, and shall be terminated according to law.
2. Termination of failure to pay the annual fee as required.
3. The patentee voluntarily waives the patent right.
Invalidation of patent right:
1. does not have novelty, creativity and practicality, or is the same as or similar to the existing design, or conflicts with the legal rights already obtained by others;
2. The technical scheme in the description of the invention or utility model cannot be realized by technicians in the technical field;
3. The modification of the specification is beyond the scope of the original specification and claims, or the original pictures and photos are beyond the scope of the original specification and claims, or the original pictures and photos;
4. The claim does not explain the scope of protection based on the specification; The scope of protection in the claim is unclear;
5. The independent claim lacks the necessary technical features;
6, in violation of national laws or not within the scope of patent protection.