Before the patent is authorized, the technical scheme of patent application is not infringing, but if it is authorized to be implemented later, it will be infringing.
In addition, Article 13 of the Patent Law stipulates that after the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.
It should be noted that this clause can only be claimed after the patent is authorized.