Article 13 of the Patent Law of China stipulates that after the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee. This article provides for temporary protection of an application for a patent for invention. I. Necessity of granting temporary protection According to Article 34 of the Patent Law, if an application for a patent for invention meets the requirements after preliminary examination in China National Intellectual Property Administration, it will be published 18 months after the date of filing, and China National Intellectual Property Administration may also publish its application in advance at the request of the applicant. After the publication of an application for a patent for invention, a third person can understand the content of the invention by reading the published application documents, so as to implement the invention. According to the provisions of Article 39 of the Patent Law, the invention patent right shall come into effect as of the date of China National Intellectual Property Administration's announcement. Therefore, during the period from the publication of an application for a patent for invention to the announcement of authorization, no matter whether the application is finally granted a patent right or not, the invention disclosed by the application cannot be protected by a patent. A patent shenqing may eventually have two outcomes: one is to obtain a patent right; The other is that the patent right has not been obtained (including being withdrawn or deemed to be withdrawn or rejected). The publication of an application for a patent for invention only shows that the application conforms to the relevant provisions of the Patent Law after preliminary examination, and has not undergone substantive examination, so it is uncertain whether shenqing can obtain a patent right. Therefore, the law cannot stipulate that the applicant has the right to ask a third party to stop exploiting his invention after the application is published. However, because the application may be granted a patent right, if a third party exploits the invention without authorization, it will be unfavorable to the applicant, which may lead to the applicant's reluctance to disclose its application, thus affecting the enthusiasm of applying for a patent for invention. In order to encourage applicants to apply for invention patents, it is necessary to give certain protection during the period from the publication of the application for invention patents to the authorization announcement. Therefore, this article stipulates: "After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee." People call this provision "temporary protection" for invention patent applications. Two. Effectiveness of Temporary Protection According to the provisions of this article, the applicant for a patent for invention "may" but "has no right" to demand the unit or individual who exploits the invention to pay the fees after the application is published. Therefore, the temporary protection granted to the applicant is not a right. The reason is that shenqing's invention patent has not been substantially examined at the time of publication, and it is uncertain whether it can be granted a patent right in the future. If temporary protection is stipulated as a right of the applicant, the implementer is obliged to pay the use fee; Once the application is rejected or withdrawn in the future, it will harm the rights and interests of the implementer. Temporary protection starts from the date when China National Intellectual Property Administration publishes the application for a patent for invention. However, sometimes a third person knows about this invention through his own research and development instead of publishing an application for a patent for invention. Therefore, if, after publication, the applicant finds that someone else has implemented the invention in his patent application, he should inform the implementer of the fact that he has applied for a patent and demand to pay an appropriate fee. In practice, the unit or individual who implements the invention often refuses to pay the royalties on the grounds that the application has not been granted the patent right. At this point, the patent applicant can only wait until the application is granted the patent right, and then ask the implementer to pay the royalties. Once an application for a patent for invention is granted a patent right, it becomes the right of the patentee to ask the implementer to pay the royalties. If the implementer still refuses to pay the patent right after the application is granted, the patentee may request the Patent Management Office to handle it, or bring a lawsuit directly to the people's court. The limitation period for the patentee to ask the implementer to pay the exploitation fee is two years, counting from the date when the patentee knows or should know that others are using his invention, but if the patentee knows or should know before the patent right is granted, counting from the date when the patent right is granted (see the explanation in Article 62 of the Patent Law for details). It should be noted that others who implement inventions after the publication of an application for a patent for invention must pay fees within the protection scope of the published application for a patent for invention and the granted patent. If the protection scope of an application for a patent for invention is wide at the time of publication, but the protection scope of the patent that is finally approved is narrow, and the implementation behavior only belongs to the protection scope of the claim at the time of publication, but not to the protection scope of the claim at the time of authorization, it means that the technical scheme implemented by others should not be protected by patents, so there is no need to pay patent fees. On the other hand, if the protection scope of an application for a patent for invention is narrow at the time of publication, but the protection scope of the patent that is finally approved is wide, it should be judged according to the protection scope at the time of publication, because what the public can see at that time is the right claim at the time of publication, and they can only judge whether to use the published invention according to such right claim. In this case, it is unfair to the public if the authorization is based on a broader scope of protection. During the period from the date of application for a patent for invention to the date of publication, the patent law did not provide protection for the technology applying for a patent. During this period, if another person implements or transfers an independently developed invention that is the same as the technology for which the patent is applied, it will not bear tort liability; However, if you continue to use the technology after the publication of the patent application, you should pay an appropriate fee according to the provisions of the patent law.