[Direct answer]In the Beijing area, it is generally not possible to claim infringement based on this anymore. According to the relevant provisions of the Patent Law of the People's Republic of China (amended in 2020), a declared invalid patent right is deemed to have never existed from the outset. Therefore, after the patent right is declared invalid, the right holder generally cannot claim infringement or request cessation of infringement based on that patent anymore. However, the law also stipulates that the decision to declare the patent right invalid does not have retroactive effect on the patent infringement judgments and mediation agreements that have been performed or enforced before the declaration, as well as the patent implementation license contracts and patent transfer contracts that have been performed. The losses caused to others by the patentee's malice shall be compensated. If the patent is partially invalidated, the remaining valid parts can still be claimed. The right holder should actively respond to the invalidation procedure and, if necessary, modify the claim requirements to maintain the validity of the patent.

1. Problem background and typical scenarios

The declaration of a patent as invalid is a major risk that patent holders may face during the process of protecting their rights. The defendant in a lawsuit often files a request for the invalidation of the patent. Once the patent is completely invalidated, the basis for rights protection will be lost. When handling patent cases in the Beijing area, the court will determine whether the rights still exist based on the content of the decision on invalidation, and make corresponding arrangements for judgments and contracts that have already been performed or executed. Therefore, before initiating rights protection, the rights holder should evaluate the stability of the patent, and the defendant can also use the invalidation procedure to counterattack. Evaluating the stability of the patent is an important prerequisite for rights protection decisions, and keeping search and review materials can help deal with the invalidation procedure.

II. Key points of contention

There are four points that need to be clarified: First, the different consequences of the invalidity of the entire patent and the invalidity of a part of it; Second, whether the declaration of invalidity has retroactive effect; Third, how to deal with judgments, mediation agreements, and contracts that have already been performed; Fourth, the liability for compensation when losses are caused by malicious acts. Generally, a patent right that has been declared invalid is deemed to have never existed, and it is generally not possible to claim infringement anymore; but judgments and contracts that have already been performed or executed are usually not subject to retroactive effect, and those who cause losses by malicious acts should compensate. Evidence and procedures should affect the outcome of maintaining rights, and parties should adjust their strategies for protecting rights or defending against claims in a timely manner.

III. Professional analysis by Henglue Lawyers

When handling patent cases, Henglue Lawyers typically analyze the handling of rights after invalidation from four aspects. First, determination of the rights status: Based on the content of the invalidation decision, confirm whether the patent right is completely invalidated or partially invalidated, and determine whether there are still valid claim requirements that can be claimed. Second, review of retroactive effect: Determine whether the invalidation decision has an impact on judgments or mediation agreements that have already been executed or enforced, as well as license and transfer contracts that have already been performed. Generally, it does not have retroactive effect. Third, liability handling: For losses caused to others by the patentee's malicious acts, claim corresponding compensation; if the defendant has already assumed responsibility, claim restitution or adjustment based on specific circumstances. Fourth, procedural response: Through amending claim requirements and submitting opinion statements in the invalidation process, strive to maintain the partial or full validity of the patent, and simultaneously adjust the strategy of infringement litigation. In practice, the amendment space of claim requirements and evidence preparation are the key to maintaining the validity of the patent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, evaluate the stability of the patent before taking legal action, and conduct a stability search if necessary; Second, actively defend against invalidation notifications and reasonably modify the claim; Third, review judgments and contracts that have been fulfilled or executed to determine whether they are affected by the invalidation decision; Fourth, if losses are caused by the other party's malicious actions, you can claim compensation. For matters related to intellectual property protection, you can refer to the relevant provisions of the Patent Law of the People's Republic of China and other relevant laws and regulations.Intellectual property protection and corporate compliance; For contract and commercial disputes, you can refer to the following materials for reference.Business and contract disputes in enterprisesLegal basis: The relevant provisions of the Patent Law of the People's Republic of China (amended in 2020) on the declaration of patent invalidity and its legal consequences. The specific application shall be subject to the currently effective laws and regulations and judicial judgments.

5. Henglu Law Firm's Advice

Firstly, a patent right that has been declared invalid is deemed to have never existed in the first place, and the patent holder generally cannot claim infringement again. Secondly, if only part of the patent is declared invalid, the patent holder can still assert rights over the remaining valid parts. Thirdly, the invalidation decision usually does not apply retroactively to judgments or contracts that have already been performed or executed. Fourthly, if the rights holder causes losses intentionally, they shall be liable for compensation. In cases involving intellectual property protection, the parties involved can resort to legal means to safeguard their rights and interests.Intellectual property protection and corporate complianceThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: If a patent is declared invalid, can the patent holder still assert their rights?

Generally, it is not possible. A declared invalid patent right is deemed to have never existed, and the right holder usually cannot claim infringement or request to stop infringement based on the patent anymore. However, if the patent is partially invalidated, the remaining valid claim requirements can still serve as a basis for protecting rights. In addition, judgments, mediation agreements, and contracts that have been performed or enforced before the declaration of invalidation generally do not have retroactive effect.

Q2: Do invalid decisions have retroactive effect?

Generally, it does not have retroactive effect. For patent infringement judgments and mediation documents that have been performed or enforced before the declaration, as well as patent implementation license contracts and patent transfer contracts that have been performed, the invalidation decision generally does not affect their effectiveness. However, if the patentee acts maliciously and causes losses to others, they should be compensated accordingly.

Q3: What should I do if some of the results are invalid?

After some claims are invalidated, the remaining valid claims will still exist and can be used as the basis for asserting rights. The right holder may, during the invalidation procedure, modify the claims by deleting or limiting the invalidated parts, in an attempt to maintain the validity of some of the claims. Subsequently, in infringement litigation, the right holder should continue to assert rights based on the valid claims that have been maintained.

Q4: Can I get back the money I've already lost?

It depends on the circumstances. An invalid decision usually does not have retroactive effect on judgments or mediation agreements that have already been performed or enforced, and it is generally difficult to demand the return of compensation that has been paid. However, if there are circumstances where the patent owner acted maliciously and caused losses to others, compensation can be claimed according to the law. Whether the compensation can be returned will depend on the performance of the contract and the provisions of the law.

Q5: How to deal with an invalid declaration?

It is necessary to actively defend the patent and modify the claim requirements within the allowable scope, such as deleting or limiting the defective technical solutions, submitting opinion statements and evidence to support their validity; at the same time, assess whether it is necessary to adjust the infringement litigation strategy or negotiate a settlement with the other party. If necessary, hire professional institutions and lawyers to assist in increasing the likelihood of maintaining the validity of the patent.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.