How to evaluate the price of a license to use a patent?

In terms of remuneration, within the framework of a patent exploitation licence, the parties benefit from the greatest freedom.

It is possible to provide for a fixed price and proportional royalties: very often, the contract provides for the payment of a lump sum and the payment of royalties proportional to the exploitation. With regard to these proportional royalties, it is up to the parties to set the rate and the base. It is advisable to base the rate of this royalty on an objective and indisputable element such as the turnover excluding tax or the production of the licensee, for example.

In any event, it is up to you to draw up the appropriate contract.

For more information on your rights, you can contact an industrial property attorney or a lawyer.

Consult the IP advice directory

Finally, any transfer or modification of the rights attached to a patent must be entered in the national patent register to make the act "enforceable against third parties", i.e. to bring it to the attention of the public so that, on the one hand, he respects its existence and on the other hand that the owner can defend his rights.

Consult the file Transmitting or exploiting a patent

On the same theme

Is there a provisional patent application procedure?

There has been a provisional patent application procedure with the INPI since July 1, 2020. Simpler and less expensive than a classic patent application, it allows companies to initiate it.

I filed a patent without waiting for the response to my employer's classification proposal, what are my rights?

Any employee invention must be notified by a declaration to the employer, who has a period of two months to agree to the classification provided for in the declaration (mission inventions, excluding assignable missions and non-attributable missions) .

Is it possible to exploit a patent following the closure of the company that owned it?

When the company closes, various events affecting the life of the patent can occur (transfer of the patent, legal liquidation of the company, etc.). They are usually registered in the national patent register.