Chapter 3 Royalty

摘要

The term "royalty," when used in connection with a patent license, means the compensation paid by the licensee to the licensor for the use of the licensor's patented invention. In Hazeltine, the defendant claimed that the term "royalty" under the patent licensing agreement included only the percentage payments mentioned in the agreement, not the lump sum payments. The court disagreed and stated mat while the parties may define what constitutes "royalty" in the actual agreement, in the absence of such a provision, "royalty" is typically considered the total compensation for the right to use the patent.