According to the difficulty and income level of patent implementation, the patent exclusive license fee can usually be as high as 5~8 times or even higher than the expected annual total income of patent implementation; The collection of patent general license fee is also based on the value of the patent itself. If the patent value is high, the proportion of the general patent license fee can be charged at 50%~ 100% of the total expected annual income from patent implementation. Of course, there are also cases where the ratio of the above two license fees exceeds, mainly based on the results of friendly consultations between the two parties. The ultimate goal is mutual benefit and exclusive access to patent results.
After the patent is authorized, it must be put into use to realize the value of the patent. The patentee may use it himself or license it to others. A written contract shall be concluded for licensing, stipulating the mode, time, geographical scope, patent licensing fee, etc. Regarding the patent license fee, both parties can agree on the payment method of the patent license fee by themselves, or pay it in batches or at one time, or extract a certain proportion from the patented products according to the situation. Economic conditions permit, in order to obtain a lower patent royalty, it can be paid in one lump sum, while some industries, such as integrated circuits, usually charge a certain proportion from patented products.
Legal basis:
patent law of the people's republic of china
Article 13
After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.
Article 14
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 * * *.
Article 15
The unit that has been granted the patent right shall reward the inventor or designer of the service invention-creation; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
The state encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.