Legal basis: According to Articles 53 and 54 of the Patent Law of People's Republic of China (PRC), a unit or individual that has obtained a compulsory license for exploitation does not enjoy the exclusive exploitation right, nor does it have the right to allow others to exploit it, and should pay a reasonable exploitation fee to the patentee.
1. Obligation to pay the annual patent fee according to law. The patentee shall pay the annual fee from the year when the patent right is granted. If the patentee fails to pay the annual fee in accordance with the provisions, the patent right shall be terminated before the expiration of the time limit. The annual patent fee has two main functions: one is to serve as the management fee of the patent administration department in the State Council; Second, it can make patented technology enter the public domain as soon as possible.
The amount of patent fee in China is increasing year by year, and the closer it is to the effective period of patent right, the higher it will be. This can prompt the patentee to implement his own patent as soon as possible, or give up his own patent as soon as possible, which is conducive to the public's free choice.
2. After obtaining a patent for a service invention-creation, the unit as the patentee has the obligation to pay remuneration to the inventor or designer.