1. The decision to declare the patent right invalid has no retrospective effect on the judgments, conciliation statements and decisions on handling patent infringement disputes that have been performed or executed before, as well as the patent licensing contracts and patent transfer contracts that have been performed;
2. The patent right that has been declared invalid shall be regarded as nonexistent from the beginning;
3. Other legal consequences of invalid patent.
legal ground
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.