Article 13 of the "Patent Law" stipulates: "After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees." This provision is called “temporary protection” for invention patent applications.
An invention patent application, whether it is legally published or published in advance, has not yet undergone substantive examination, and it cannot be determined whether it will ultimately be granted a patent right. Therefore, regardless of whether the patent application is ultimately granted a patent right, its "Rights" cannot be exercised on the disclosed invention content between the time of publication and the grant announcement. During this period, if a third party implements the invention arbitrarily, for users who do not pay appropriate fees, the invention patent applicant may exercise the right after the patent right is granted. , request the patent administrative department to handle it, or file a lawsuit with the People's Court to trace back the royalties paid by the unauthorized user for the implementation of the patent between the publication of the application and the announcement of the authorization.