How should the SEP license fee be calculated?

Jite intellectual property rights: 1. Determine the ownership of inventions and creations through legal procedures, so as to effectively protect the achievements of inventions and creations, monopolize the market, and obtain great benefits in exchange; 2. In order to take the initiative in market competition, ensure the safety of their own production and sales, and prevent their opponents from suing themselves for infringement with patents (suffering high economic compensation and forcing themselves to stop production and sales); 3. The state has certain support policies for patent applications (such as the patent incentive policy promulgated by the state, as well as the high-tech enterprise policy, etc.), and will give some policy and economic help. 4. The patent right is protected by the national patent law, and no unit or individual can use it without the consent of the patentee (sue others for infringement of the patent right and ask for compensation).

5. Apply for patents for your own inventions and creations in a timely manner, so that your own...

At present, the patent laws of various countries basically stipulate that the patentee enjoys the right to license a patent in accordance with the law, but does not stipulate the calculation and payment method of patent license fees. In practice, there are three main types of licenses: exclusive license, exclusive license and ordinary license, and the patent license fee also varies according to the gold content of the patented technology, the licensing method and other factors. The determination of the license fee for a patented technology is usually agreed upon by the licensor and the licensee through a contract, and generally speaking, there are three main payment methods: lump sum payment, commission fee payment and entry fee plus commission fee payment.

Generally speaking, there are four important factors that should be fully considered in the calculation of patent license fees:

1. The factors of the patent itself, such as the innovation height and industrialization maturity of the patent, the technical field to which it belongs, the type of patent right, the size of the scope of protection, the stability of the right, the difficulty of technical circumvention, the validity period, etc.;

2. Factors related to the licensed content, such as the license period, license scope, license method, etc.;

3. Factors related to the licensee, such as the degree of technical demand, production scale and patent enforcement ability of the licensee;

4. The potential impact of technological development trends in related fields on the value of patents, because new development trends may indicate that existing patented technologies are about to be depreciated or even eliminated.

Method of determining the cost of patent exploitation license: Under normal circumstances, the patentee and the licensee shall negotiate and determine it in the license contract, which can be determined according to the type of patent license, the duration of implementation, the difficulty of researching and developing the patented technology, and the cost.

Patent Law of the People's Republic of China

Article 10. The right to apply for a patent and the right to a patent can be transferred. Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

If the right to apply for a patent or the patent right is transferred, the parties shall enter into a written contract and register it with the patent administration department, which shall make a public announcement by the patent administration department. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

Patent Law of the People's Republic of China

Article 12. Any unit or individual that exploits another person's patent shall enter into a license contract with the patentee and pay the patentee royalties. The licensor of the hosiery is not entitled to allow any entity or individual other than those stipulated in the contract to exploit the patent.

Patent Law of the People's Republic of China

Article 75.

To apply for a patent and go through other formalities with the patent administration department, the applicant shall pay the fee in accordance with the regulations.

Patent royalties are mainly determined based on the following circumstances:

1. The expenses incurred by the patentee for research and development of patents;

2. The economic benefits that the licensee can obtain by using the patent;

3. The type of patent permit, the type and duration of the act;

4. The method and time of payment of royalties by the licensee.

In addition, whether there are alternative technologies available in the market and the bargaining power of the parties are also factors affecting royalties.

1) The patented product or the product obtained directly through the auction in accordance with the patented process is used, offered to be sold, sold or imported by the patentee or a unit or individual authorized by the patentee; Envy.

2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacture or use have been made before the date of application for the patent, and the manufacture or use has been continued only within the original scope;

3) The use of the relevant patents in the devices and equipment of foreign means of transport temporarily passing through China's territorial land, territorial waters or airspace in accordance with the agreements signed between the country to which they belong and China or the international treaties to which they are parties, or in accordance with the principle of reciprocity, for the needs of the means of transport itself;

4) The use of relevant patents for the purpose of scientific research and experiments;

5) Manufacturing, using, or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, as well as manufacturing or importing patented drugs or patented medical devices specifically for them.

Patent royalties are usually determined through negotiation between the parties, and if there is no clear agreement, they can be determined by reference to the standards set by the relevant competent authorities or the industry standards for transportation.

Any unit or individual that exploits another person's patent shall enter into a written exploitation license contract with the patentee and pay the patentee royalties. It is difficult to determine the patent royalty, that is, there is no clear fee standard, and the fee for patent licensing needs to be agreed by both parties, and if there is no agreement, it is determined according to the actual value of the patent, and the permission of others must be obtained to use the patent of others. In general, the amount of the bra can be considered based on the following factors:

1) The degree of difficulty and cost of the patentee's research and development of the patented technology. Generally speaking, patents with high research and development difficulties and high development costs have relatively high royalties.

2) The size of the income that the licensee can obtain after using the patent, and the large income is high, and the royalty is high.

1. What form must be signed in the patent technology license contract as prescribed by law.

The law stipulates that the patent technology license contract must be signed in writing. If the patentee voluntarily declares to the patent administration department in writing that it is willing to license any unit or individual to exploit its patent, and specifies the method and standard of payment of royalties, the patent administration department shall make an announcement and implement an open license.

2. How to write the patent grant contract free of charge.

The main content of the patent free use agreement is: the basic information of Party A and Party B, in order to promote the progress of productivity, after negotiation, Party A licenses the patent "AAA" (patent number: ) under its name to Party B free of charge in the form of (ordinary license for exclusive license for exclusive license and sublicense), and Party B can produce and sell within the scope of the license during the duration of the patent right.

Article 14 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

In addition to the transfer of the patent right in accordance with Article 10 of the Patent Law, if the patent right is transferred due to other reasons, the party concerned shall go through the formalities for the transfer of the patent right with the patent administration department with the relevant supporting documents or legal documents.

The patent exploitation license contract concluded between the patentee and another person shall be filed with the patent administration department within 3 months from the effective date of the contract.

If the patent right is pledged, the pledgee and the pledgee shall jointly register the pledge with the patent administration department.

Any unit or individual that exploits another person's patent shall enter into a license contract with the patentee and pay the patentee royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.