patent royalty

Legal analysis: The royalty of patent is determined by both parties through consultation, and there is no uniform provision. Royalty refers to a certain amount of royalties paid to the patentee by others other than the patentee when using the patent. The amount is determined by both parties through consultation in the implementation license contract, and the payment method is also determined through consultation between the user and the patentee.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.

Article 15 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners. Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.