After applying for an invention patent, there is a waiting period, which is to wait for it to be granted. The applicant can only fully grasp the invention patent after it is granted. Therefore, if someone uses the invention during this time, the invention patent owner cannot sue the court for the infringement fact. So what should I do if I use an invention patent that has not yet been granted? Next, Bajie Intellectual Property will take you to understand the relevant knowledge. What to do if you use an invention patent that has not yet been granted. In practice, if you encounter this situation, the rights holder does not need to worry. Because according to the protection of patents under our country's laws, after the patent application is authorized, the patent rights will definitely be protected. However, the rights of a patent application are also protected from the filing date to the date of authorization, but the degree is different and the forms of expression are also different. As far as invention patent applications are concerned, the application at this stage is still confidential from the date of application to the patent department until the application is published. However, the protection of an invention patent is reflected in the application for the same subject after the invention patent application. Because if it conflicts with the previous application, the novelty will be lost, and the patent right will not be granted in the end. Therefore, when applying for an invention patent, the period between the publication of the application and the granting of the patent right is the temporary protection stage. During this period, although the applicant cannot file a lawsuit against anyone who exploits the invention without its permission to request an injunction against infringement, it can still require the person to pay appropriate royalties. If the other party refuses to pay, the applicant can exercise the right to file a lawsuit after obtaining the patent rights. Therefore, the applicant has only limited exclusivity rights at this stage. If the other party does not stop the infringement, the patentee can request mediation from the patent management department after the patent right is granted, or directly file a lawsuit with the People's Court. However, it should be noted that when filing a lawsuit in court, you need to register and do not exceed the statute of limitations. If it is used infringingly before it is granted, the statute of limitations starts from the time it is officially granted, and one year is two years. In addition, if it is infringed before authorization is obtained and causes greater losses, based on the professional level of the invention patent,