How to calculate the technology use fee of patent licensing contract

After the conclusion of the patent licensing contract, it is necessary to pay the patent royalties to the patentee. The down payment can be confirmed according to the difficulty and cost of the patentee's research and development of the patent, or according to the income that the licensee can get after using the patent.

legal ground

Article 12 of the Patent Law of People's Republic of China (PRC)

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 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.