How to determine the royalty of patent license

Legal subjectivity:

The factors determining the patent license fee include: the patent research and development fee paid by the patentee; The economic benefits that the licensee can obtain by using the patent; Types, types and implementation period of patent license; How and when does the licensee pay the royalties? Whether there are alternative technologies in the market, etc.

Legal objectivity:

Article 12 of the Patent Law of People's Republic of China (PRC) Any unit or individual who 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 13 of the Patent Law of People's Republic of China (PRC) 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.