Can the corresponding products be launched within the time limit after the patent application is submitted but the patent authorization is not obtained?

Q: Can the corresponding products be launched after the patent application is submitted but the patent authorization is not obtained?

A: If you only consider your own patent application (regardless of factors such as patent infringement on others), you can do so for the following reasons.

Q: Will it affect the process of patent application?

A: It doesn't affect. China was the first to apply for a patent, and the patent was awarded to the first person. Patent examination is based on the technology before the application date, and the disclosure of patent technology after application will not affect patent authorization.

Q: If someone else launches the same product within this period of time, is it not enough infringement? But after I get the patent authorization, if I don't stop production, it is enough infringement, right?

A: Exactly. Because the patent application has not been approved, the patent does not exist before passing the examination, so the patent can only be called "patent application" before authorization and "patent" after authorization. Since there is no patent, there is no infringement.

If a patent is an invention (note that it is an invention, excluding utility models) and is exploited by others, an appropriate fee may be charged according to the provisions of Article 13 of the Patent Law after the application for a patent for invention is published. But the request belongs to the request, and if the person does not give it, he can only exercise the patent right after authorization. The reason is as above.

Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.