Answer: 5
Why? A patent application does not confer any rights on the applicant. The claims in a patent application define what the inventor or applicant desires to claim. A person wanting to use an invention as defined in a claim of a granted patent would need to obtain a license from or the consent of the patent owner. A person wanting to use an invention as defined in the claims of a patent application does not need to obtain a license from the applicant to use the invention. However, in some countries under certain circumstances, if the patent is granted, the owner of the rights can claim royalties back to the date of publication of the application.
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