What are the legal consequences of invalid patent reexamination?

Legal analysis: The legal consequence of invalid patent reexamination is that invalid patent right is regarded as nonexistent from the beginning. According to the laws of our country, the decision to declare the patent right invalid has no retrospective effect on the patent infringement judgment and mediation written by the people's court before the patent right is declared invalid, the patent infringement dispute settlement decision that has been performed or executed, and the patent exploitation license and patent transfer contract that has been performed.

Legal basis: Article 47 of the Patent Law of People's Republic of China (PRC).

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.