First, the invention patent was exploited by others according to the published literature without consent. At this time, according to Article 13 of the Patent Law, after the patent is authorized, a lawsuit of "patent temporary protection fee dispute" can be brought to the court (note that a lawsuit can only be brought after the patent is authorized). However, as for the "amount of use fee", there is no relevant legal provision at present, and it is at the discretion of the court.
Second, the patent you applied for is not authorized, but according to the published documents, it is still used by others. At this point, you basically have no mitigation measures.