1. Invalid patent right: If the patent is invalid, the behavior originally within the scope of patent right will no longer constitute patent infringement, even if the defendant didn't know it was invalid when the patent was granted;
2. The use and transfer of the patent right is invalid: if the patent is invalid, the patentee cannot ask others to stop using, selling or producing the patent on the basis of the patent, nor can he transfer the patent to others;
3. Claim for compensation for invalid patent right: If the patent right is invalid, then the patentee can't ask others to pay the patent fee through the patent right and compensate the infringement loss.
Invalid patent includes the following situations:
1. The patent right does not meet the statutory requirements: if the application date does not meet the requirements, the theme of the patent right is unclear and there is no technical solution;
2. Lack of creativity: if the patent right is only a routine improvement of the existing technology and lacks creativity, then the patent right will be deemed invalid;
3. It has been made public before publication: even if the patent right has been authorized, if the technology has been made public or used before the patent application date, the patent right will be regarded as invalid;
4. Conflict of patent rights: If a prior patent right that conflicts with this patent right already exists in the same technical field, the patent right will be deemed invalid;
5. Violation of laws, regulations or ethics: If the patent application or implementation violates laws, regulations or ethics, then the patent right can be regarded as invalid.
To sum up, patent invalidation refers to a procedure in which the claimant applies to the patent examination organ or the court to declare the authorized patent invalid. If the patent is invalid, it will be regarded as unauthorized, so it will no longer have any legal effect.
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.