An invalid patent right does not exist as of the date of declaration.

Legal analysis: According to the relevant laws of our country, the patent right is not invalid from the date of invalidation, and the invalid patent right is regarded as nonexistent from the beginning, and the patent invalidation is made by the Patent Reexamination Board.

Legal basis: Article 46 of the Patent Law of People's Republic of China (PRC). The Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party. Article 47 An invalid patent right shall be regarded as nonexistent from the beginning.