No. The invention patent has been published in accordance with the law but has not been examined, and the patentee has not yet obtained the patent right, but once authorized, the prior rights and interests of the patent will be extended to the application date. Therefore, the current situation still has to wait for the patent authorization before claiming infringement from the other party. In the meantime, it is recommended to follow up your authorization progress in time, and at the same time pay attention to whether the other party infringes and whether there is commercial behavior. And we should collect as much evidence as possible, and define the scope of patent claim protection by combining claims, specifications and drawings, review history, reference books and other elements, and carry out patent cross-licensing. After the patent is granted, you can contact the other party in time and give notice. You can ask the other party to pay the patent license fee or withdraw what you have done. If the other party refuses to accept it, he can appeal to the court with the existing evidence.
legal ground
Article 34 of the Patent Law of People's Republic of China (PRC) * * * After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, shall immediately publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.