Article 85 of the Detailed Rules for the Implementation of the Patent Law stipulates that the administrative department for patent affairs may, at the request of the parties concerned, mediate the following patent disputes:
(4) Disputes over the use of an invention without paying an appropriate fee after the publication of the application for a patent for invention and before the patent right is granted;
Where a party requests the administrative department for patent affairs to mediate the dispute listed in Item (4) of the preceding paragraph, it shall do so after the patent right is granted.
Because the invention patent was published first and then examined, the applicant did not obtain the patent right from publication to authorization, so he could not exercise the exclusive right to patent.
It should be noted that China's patent law stipulates that the patent right shall take effect from the date of China National Intellectual Property Administration's announcement, that is, it shall take effect after authorization. In other words, from publication to authorization, the invention content cannot be protected by patent.
However, after the patent is published, others can understand the content of the invention and creation by reading the published patent application documents, and can implement its published technical scheme. Temporary protection clauses are set in the patent law, aiming at balancing the interests of the patentee and the public and giving some compensation to the publication of patent applications.