Ask for payment of royalties

After the publication of an application for a patent for invention, the applicant may, in accordance with the provisions of Article 13 of the Patent Law, require the entity or individual who exploits the invention to pay an appropriate fee.

Where the entity exploiting the invention refuses to pay the appropriate fee, the applicant may, after the patent application is approved, that is, after the applicant becomes the patentee, request the patent administration organ to mediate the entity or individual exploiting the invention after the application for a patent for invention is published and before the patent right is granted, or bring a lawsuit directly to the people's court in accordance with the provisions of Article 77 of the Detailed Rules for the Implementation of the Patent Law. When mediating, the patent administration authorities have the right to decide that the entity or individual shall pay the appropriate fees within the specified time limit. If a party refuses to accept the decision of the patent administration organ, he may also bring a lawsuit to the people's court.