If the invalid decision made by the review board is regarded as a quasi-judicial act, then its effective date cannot be the date when the decision is made. It will take effect only when the prosecution period has passed or the court substantially upheld the judgment (in fact, the court decided to reject the plaintiff's claim). Articles 29 and 30 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II) indirectly support this proposition. Article 29 and Article 30 respectively stipulate that "the decision to declare the patent right invalid" (the invalid decision has not yet taken effect) and "the decision to declare the patent right invalid is not brought to court within the time limit, or the decision has not been revoked by the referee after the prosecution takes effect" (the invalid decision has taken effect). This means that at the court level, the patent invalidation decision can only take effect when the prosecution expires or the effective judgment has not been revoked.
In practice, the Reexamination Board thinks that the effective date of the patent invalidation decision is the announcement date of the decision, which seems to echo the provision of Article 39 of the Patent Law that the invention patent right shall take effect from the announcement date. Since it takes at least half a year from making a decision to the announcement date of the decision, and the invalid decision will not be announced when the parties file a lawsuit against it, the determination standard of the reexamination board is not contradictory to the above-mentioned determination standard of the court.