How to determine the license fee for patent implementation?

The patent law does not stipulate the collection of patent license fees, and both the patent licensor and the licensee reach an agreement on the fees through friendly negotiation. However, since the implementation of the Patent Law for more than 20 years, the patentee has naturally formed some established charging methods in the practice of collecting patent license fees.

First of all, patent license is divided into general license and exclusive license, and their fees are very different.

1. 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 income of patent implementation;

2. The collection of patent general license fee is also based on the value of the patent itself. If the value of the patent is high, the general license fee for the patent can be charged at a rate of 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.

The above two licensing fees are all one-time patent use qualification fees charged before the implementation of patented technology. There are essential differences in the proportion distribution of patent interests between patentees and licensees in the process of cooperation with patent use.