The patent that has been applied for has not come out yet, but I want to produce the product in advance. Is there any good way to protect my patent right and production right?

1. Can the product start production after filing a patent application?

Answer: No doubt, yes, you can produce it. Now that the market is changing so fast, if we have to wait until the authorization certificate is issued to produce products, it will definitely not be worth the candle. You just need to know what other big companies in the world do: they all start producing or releasing products as soon as they file patent applications.

Second, how to protect products whose patents are not authorized to start production?

Answer: the state has long considered this issue when formulating the patent law, and there can be no protection.

1. If you originally submitted a utility model application, it would be simple. The utility model will be authorized soon (and easily). It only takes a few months, and it may take you some time to produce the product. Maybe the patent has been authorized when you produce the product, so there is nothing to be afraid of.

Suppose you originally submitted an invention application. Because the authorization period of an invention application is relatively long, it usually takes two or three years. In order to protect the interests of the patentee, Article 13 of the Patent Law specifically stipulates the temporary protection of the invention patent: after the application for a patent for invention is published, the applicant may ask the entity or individual who exploits the invention to pay an appropriate fee. Think carefully about this sentence, which means: even if my patent is not authorized, you still have to give me money. But pay attention to the words "can request", which means that the infringer can also "refuse" your request, so in this case, you can only wait for the patent to be authorized, and then sue him with the patent aboveboard after authorization. In the same way, we can refer to the practices of some large domestic companies. They usually deliberately let others produce their own unauthorized products, and then win them in one fell swoop after the patent authorization and infringement company reach a certain scale of operation. The industry calls this practice: fatten up and kill.