What is the legal effect of invalid patent right?

Declaring a patent invalid means that the previously declared patent no longer has legal effect. If the patentee loses his patent right, others may reapply for a patent. And after the patent is declared invalid, it causes losses to others, which is malicious and needs to compensate for the losses.

Legal analysis

After a patent is invalid, it is deemed that the patent has never been approved, and the patentee who has been declared invalid is deemed not to have enjoyed the patent right from the beginning. Invalid patents are no longer exclusive, and others can apply for patents according to the requirements of the Patent Office.

For patents before being declared invalid, it should be noted that if the documents made and executed by the court before being declared invalid are not affected by patent invalidation. This is due to the principle of res judicata of valid documents.

If an invalid patent causes losses to others, it shall be considered whether the original patentee has subjective malice. Where the original patentee registered the patent in bad faith and prevented others from using the relevant inventions, utility models and designs normally, he shall be liable for the losses caused by the malicious registration of the patent.

In addition, patent infringement compensation, patent royalties and patent transfer fees should be returned in whole or in part according to the principle of fairness.

Anyone who refuses to accept the decision to declare the patent invalid may bring a lawsuit to the court within three months from the date of receiving the notice.

legal ground

The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) shall be deemed 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.