Are there clear fee standards for patent licensing?

When it comes to Patents, the first thing that comes to many people’s minds is professionalism. For ordinary people, patents are really professional and not something they often come into contact with. However, patents are used all the time in our daily work. So, are there clear charging standards for patent licenses? Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you. .

Is there a clear fee standard for patent licensing?

Any unit or individual that implements another person’s patent should contact the patentee Enter into a written implementation license contract and pay patent royalties to the patentee. It is difficult to determine patent royalties, that is, there is no clear charging standard. The patent license fee needs to be agreed upon by both parties. If there is no agreement, it will be determined based on the actual value of the patent. To use other people's patents, you must obtain their permission. , generally speaking, the amount can be considered based on the following factors:

(1) The difficulty and cost of the patentee's research and development of the patented technology. Generally speaking, patents that are difficult to research and develop and require high development costs will have relatively high royalties.

(2) The amount of income that the licensee can obtain from using the patent. If the income is large, the royalties will be high.

Patent licenses are divided into the following five basic types:

Type 1, exclusive license. Within the territory (a country or a certain region) agreed upon by both parties, only the licensee is allowed to exploit the patent, and no other person, including the patentee, is allowed to exploit the patent.

Type 2, exclusive license. Within the territory (a country or region) agreed upon by both parties, only the licensee and the patentee are allowed to implement the patent, and no third party is allowed to implement the patent.

Type 3, ordinary license. Within the territory (a country or a certain region) agreed upon by both parties, multiple parties can be allowed to implement the patent.

Type 4, sub-licensed. Within the territory agreed upon by both parties (a country or a certain region), while allowing the licensee to exploit the patent, the licensee is also allowed to allow others to exploit the patent; this must be clearly stated in the contract, otherwise the licensee will not Sub-licensing rights.

Type 5, cross licensing. Negotiated by both patent holders, both parties can use each other's patents unconditionally or conditionally.

Supplementary knowledge: patent service life

Chinese patents can be divided into three categories, their service life Each has its own differences:

1. Invention: An invention refers to a new technical solution proposed for a product, method or improvement thereof. The legal protection period is 20 years.

2. Utility model: Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The legal protection period is 10 years.

3. Appearance design: Appearance design refers to the aesthetic and suitable design of the shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications. The legal protection period is 10 years.

The above introduces the patent service life. It should be noted that the three patent service periods are calculated from the filing date and cannot be renewed upon expiration. Moreover, according to Article 44 of the "Patent Law of the People's Republic of China": In any of the following circumstances, the patent right shall be terminated before the expiration of the term:

First, there is no The annual fee is paid in accordance with regulations; second, the patentee gives up its patent rights in a written statement.

Therefore, everyone takes every regulation seriously and uses our hard-won patents correctly.

The above is what the editor has compiled for you. The patent license fee needs to be agreed upon by both parties. If there is no agreement, it will be determined based on the actual value of the patent. , to use the patents of others, you must obtain their permission. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.