In addition:
Although you can't apply for a patent in China, you don't need his permission to use his patent in China, which is not infringement.
The second question:
As long as you apply for a patent, you have to pay an application fee. No matter what the final fate of the patent is, the application fee for applying for a patent will not be refunded. The expenses that have occurred are not refundable, and the expenses that have not occurred can be refunded.