Legal analysis: the protection of patent right should start from the date of announcement of patent authorization. However, for invention patents, the Patent Office will publish the patent scheme 18 months after the date of patent application. At this stage, any unit or individual that produces according to the published technical scheme without authorization will inevitably affect the legitimate interests of the patentee at that time and after authorization. Therefore, Article 13 of the Patent Law stipulates: "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." During this period, the protection of patent applications is generally called "temporary protection". When an application is granted a patent right, it should be protected.
Legal basis: Article 13 of the Patent Law of People's Republic of China (PRC). 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.