What does temporary protection in patent law apply to?

The temporary protection stipulated in the patent law only applies to the published invention patent application. The patent law does not provide temporary protection for the application for a patent for invention from the date of filing to the date of publication, and for the application for a patent for utility model and design before the patent right is granted.

Because before the publication of the patent application, the staff and relevant personnel in China National Intellectual Property Administration are responsible for keeping the contents confidential, it is impossible for a third party to know the contents of the patent application and implement it. During this period, if a third person implements an invention in a patent application, there are two possibilities for the source of the invention: first, the third person independently develops it; The second is to understand the content of patent application through some means. In either case, it has nothing to do with the publication of the application in China National Intellectual Property Administration, so you cannot enjoy the temporary protection provided by the publication of the application for a patent for invention. However, if another person continues to exploit the invention after the publication of the application for invention, the applicant may require him to pay an appropriate fee in accordance with the provisions of this article. After an application for a patent for invention is granted a patent right, the implementer should obtain the permission of the patentee if he wants to continue to exploit the invention, otherwise it will constitute an act of patent infringement.