Legal analysis: Patent infringement litigation is not necessarily suspended because patent administrative litigation is invalid. Anyone who refuses to accept the decision that the patent right for invention, utility model or design is invalid or still valid may bring a lawsuit to the people's court within three months from the date of receiving the notice. At this point, the original patent infringement lawsuit that has been suspended continues to be suspended, indicating whether the patent right should be declared invalid. Although the Patent Reexamination Board has made a decision, it must be tested by judicial procedures, which reflects the restriction and supervision of judicial power on administrative power and is the proper meaning of a modern society ruled by law.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 41 The patent administration department in the State Council shall set up a patent reexamination board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.

Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases

Article 9 In a dispute case accepted by the people's court, if the defendant requests to declare the patent right for utility model or design invalid, the people's court shall suspend the lawsuit, but the lawsuit shall not be suspended under any of the following circumstances:

(a) the search report or patent evaluation report issued by the plaintiff did not find the reason that led to the invalidation of the patent right for utility model or design;

(2) The evidence provided by the defendant is sufficient to prove that the technology used by the defendant is known;

(3) The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;

(4) Other circumstances in which the people's court considers that the lawsuit should not be suspended.

Article 10 In a dispute case of infringement of the patent right of utility model or design accepted by the people's court, if the defendant requests to declare the patent right invalid after the expiration of the defense period, the people's court will not suspend the lawsuit, unless it is considered necessary to suspend the lawsuit after examination.

Article 11 If the defendant requests to declare the patent right invalid during the period of defense in a dispute case of infringement of the patent right for invention accepted by the people's court or a dispute case of infringement of the patent right for utility model or design that has been examined and confirmed by the Patent Reexamination Board, the people's court shall not suspend the litigation.