According to the provisions of Articles 39 and 40 of the Patent Law, the patent right shall take effect from the date of authorization announcement. That is to say, before authorization, even if others implement the same invention (whether developed by themselves or obtained by publishing the invention patent), the patent applicant has no right to sue others for patent infringement. However, because the application for a patent for invention was published before authorization, the public can grasp the content of the invention and implement it through the specification of the published application for a patent for invention. But because it is not authorized, the applicant cannot exercise the patent right, which is unfair to the applicant. Therefore, the state gives certain protection to applicants. However, because the patent application may be rejected in the subsequent substantive examination, it cannot be protected as an authorized patent.
Therefore, article 13 of China's patent law stipulates: "after the publication of the application for a patent for invention, the applicant may require the entity or individual who implements the invention to pay an appropriate fee." This is a temporary protection for the invention patent application.