After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
The patentee may, according to the needs, choose to collect patent fees in any one of the links of "manufacturing, using, promising to sell, selling and importing". According to the principle of patent exhaustion, each link can only charge a patent fee once. If the patent fee is not paid in the manufacturing process, the patentee can collect the patent fee in the recycling process.
Due to the existence of standard essential patents, many patents cannot be evaded, and even if the products of the patentee are not used, they may still be infringed. Google did not pay the patent fee to Microsoft, or agreed with Microsoft that the patent fee would be paid by the manufacturer using Android. In this case, Microsoft can charge royalties to downstream manufacturers.
Similarly, for example, the CPU belongs to MTK, but Qualcomm requires Meizu to collect patent fees, because there is the aforementioned agreement between MTK and Qualcomm.