What rights does the applicant have before the invention patent is approved?
According to the patent law, the term of invention patent right is 20 years, which is divided into three stages from the date of application, and the rights in each stage are different. What rights does the applicant have before the invention patent is approved? The first stage is from the date of application to the date of application publication. During this period, the patent applicant has no right to prohibit others from implementing the invention, because the application has not been made public and others have no way to know the content of the invention. If someone has mastered the invention through appropriate channels or ways, they can freely use or spread the invention. Therefore, during this period, the applicant should pay attention to confidentiality. Therefore, before the application is made public, the applicant only has the right to dispose of his own application, such as implementing his own invention or transferring the technology to others. When confidentiality is not required, the invention can also be disclosed. The second stage is from the publication of the application to the approval. During this period, the applicant can ask the unit or individual who implements the invention to pay an appropriate fee. The cost is generally decided by both parties through consultation. Because it often takes a long time from the publication of the application to the approval of the patent, it is necessary to give some temporary legal protection to the published application. However, because the application is not approved, the applicant's right is limited to asking for the payment of appropriate fees. He cannot prohibit other units or individuals from exploiting published inventions, nor can he bring an infringement lawsuit to the court based on a patent application. Only after the application is approved, that is, from the date of issuing the patent certificate, can the patent right be granted according to law and the applicant become the patentee. From approval to the expiration of the patent right period is the third stage of the patent right period. If, before the patent right is approved, a unit or individual exploits a published invention and fails to pay an appropriate fee according to the requirements of the patent applicant, after the patent application is approved, the patentee may bring a lawsuit to the people's court and demand payment of the fee.