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. Both sides should hold a win-win attitude. Second, what is the patent license fee? Because the patent right is the exclusive right, the patentee may ask others to pay the patent license fee when licensing others to use his patent. Article 12 of China's patent law stipulates: "Any unit or individual who exploits another person's patent shall conclude a written exploitation 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 its patent. " Therefore, it is reasonable for the patentee to ask others to pay the patent license fee in order to realize his economic interests. If another person uses another person's patent without paying the patent license fee, it constitutes patent infringement. The patentee can ask others to pay the patent license fee, because he has made efforts and investment in the process of obtaining the patent. If others use the patent for free, the interests of the patentee will be harmed. The patentee invested in order to obtain the patent, so he took the risk of possible failure. Free use by others will lead to "hitchhiking". "If this phenomenon of' hitchhiking' is allowed, imitators can sell the same products at a lower price than innovators, thus pushing innovators out of the market." This is extremely unfair to the patentee, and his investment has no corresponding return. Under the condition of market economy, people invest in order to get corresponding returns. If there is no patent license fee, people will not actively invent and create to obtain patents. This is extremely unfavorable to scientific and technological progress and scientific research, and will eventually harm the overall interests of society. Therefore, it is beneficial to the patentee and the whole society to require the payment of patent license fees. Therefore, the use of other people's patents requires the payment of patent license fees, and the patentee has the right to ask others to pay his own royalties.
Legal objectivity:
Article 325 of the Contract Law of People's Republic of China (PRC) The payment method for the price, remuneration or use fee of a technology contract shall be agreed by the parties, which may be lump-sum payment or lump-sum payment, royalty payment or additional advance payment for the entry fee. Where it is agreed to pay the royalties, the royalties may be calculated according to a certain proportion of the product price, new output value, profit or product sales after the patent is implemented and the technical secrets are used, or by other agreed means. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year. Where royalty payment is agreed, the parties shall stipulate in the contract the method of consulting relevant accounting accounts.