实行专利制度的目的主要是使取得专利权的发明创造通过实施变为生产力,促进经济发展。如何实施?除由专利权人本人或其受让人实施外,主要是采取许可合同方式,即按照合同规定,被许可人从专利权人(许可人)取得实施专利的权利,承担向专利权人支付使用费的义务。一件被授予的专利,如经发现不符合专利法的规定,可被宣告无效。被许可专利一旦被宣告无效,其对该许可合同产生什么影响?这是关系到合同双方利益的问题。对此我国还没有法律规定和司法实践。尽管我们还没有发生 The main purpose of implementing the patent system is to transform the invention and creation of obtaining a patent right into productive force and promote economic development through implementation. Except for the patentee himself or his assignee, it mainly adopts the way of the licensing contract, in which the licensee obtains the right to implement the patent from the patentee (the licensor) and takes the patent right Obligations of the user to pay royalties. A patent granted, if found not in conformity with the provisions of the Patent Law, may be declared invalid. What is the impact of a licensed patent once it has been declared null and void on the licensing contract? This is a question that concerns the interests of both parties to the contract. There is no legal regulation and judicial practice in our country. Although we have not happened yet