Legal analysis: No, the applicant can exercise the rights only after the patent is authorized, and then the applicant becomes the patentee. The provisional protection of an invention patent starts from the date of publication of the patent application (usually 18 months from the filing date). If the claims after authorization are consistent with the claims at the time of publication, the patentee has the right to provide temporary protection to others. Litigation for infringements carried out at various stages. Therefore, by disclosing the content of your invention in advance
you can obtain temporary legal protection in advance. Once a patent is granted, it is an infringement for others to use, manufacture, offer for sale, sell or import the patented product without the permission of the patentee and will be punished by law.
Legal basis: "Patent Law of the People's Republic of China"
Article 22: Inventions and utility models for which patent rights are granted must be novel, creative and practical. sex.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 23: The design for which patent rights are granted shall not be an existing design; and no unit or individual has submitted an application to the patent administration department of the State Council for the same design before the application date. and be recorded in patent documents published after the filing date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
The term "existing designs" as used in this Law refers to designs that were known to the public at home and abroad before the date of application.