Legal analysis: The invalidation of a patent right will have the following legal consequences: 1. The invalidated patent right is deemed to have never existed from the beginning. The effect of declaring the patent right invalid shall be retroactive to the time when the patentee enjoys the patent right. 2. Decisions to declare the patent right invalid, judgments and rulings on patent infringement made by the People's Court and executed before the declaration of patent right invalidity, decisions on patent infringement disputes that have been executed or enforced, and patent implementation licensing contracts that have been executed and patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the malicious intent of the patentee. 3. If the patentee or the patent transferor fails to return the patent royalties or patent transfer fees to the licensee or the patent transferee, which is a clear violation of the principle of equity, the patentee or the patent transferor shall pay the patentee or the patent transferee. The patentee or patent transferee is allowed to return all or part of the patent royalties or patent transfer fees.
Legal basis: Article 47 of the Patent Law of the People's Republic of China. A patent right declared invalid shall be deemed to have never existed from the beginning. The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made by the People's Court and executed before the declaration of the invalidity of the patent right, the decision on settlement of patent infringement disputes that has been executed or enforced, and the executed patent implementation license contract and Patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee. If the patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.