Is the patent right invalid from the date of invalidation?

Patent rights are protected by law and are exclusi.e. However, if there is any objection to the Patent right, you can apply to the patent management department for patent invalidation. Then is the patent right invalid from the date of invalidation? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Is the patent right invalid from the date of invalidation?

Patent right It is not invalid from the date of invalidation. The invalidated patent right is deemed to have ceased to exist from the beginning. The patent invalidation declaration is made by the Patent Reexamination Board.

"People's Republic of China Patent LawArticle 46: The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester 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.

If you are dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right, you may File a lawsuit with the People's Court within three months from the date of filing. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.

Article 47: The patent right declared invalid shall be deemed to have ceased to exist from the beginning.

The above knowledge is the editor’s answer to relevant legal issues. Patent rights are not invalid from the date of invalidation. The patent rights declared invalid are regarded as It does not exist from the beginning, and the declaration of invalidity of the patent is made by the Patent Reexamination Board. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.