INTELLECTUAL PROPERTY CALCULATORS

Patent Infringement Royalty Calculator โ€” United States

Estimate reasonable royalty damages under 35 U.S.C. ยง284 using the royalty base and rate, with a willful infringement enhancement.

$
Gross revenue from products that infringe the patent.
Reasonable royalty rate. Typical ranges 1โ€“10% depending on industry.
Share of the product value attributable to the patented feature.

Enter your details to see results

Disclaimer: Patent damages require expert economic testimony on royalty rates and apportionment. Not legal advice โ€” consult a patent litigation attorney.

Related Calculators

Patent Maintenance Fees · Patent Filing Cost · IP Licensing Royalty · Trademark Infringement Damages · Trade Secret Damages

Frequently Asked Questions

How is a reasonable royalty calculated in a US patent case?
Courts apply the Georgia-Pacific factors to construct a hypothetical negotiation between a willing licensor and licensee at the time infringement began. The result is a royalty rate applied to an apportioned royalty base โ€” the value attributable to the patented feature, not the entire product, under the entire market value rule limits.
What is the entire market value rule?
The entire market value rule limits when a patentee can use the total product price as the royalty base. Generally the base must be apportioned to the value of the patented feature unless the patented feature drives consumer demand for the entire product. Improper use of the full product value is a common ground for overturning damages awards.
Can patent damages be tripled in the US?
Yes. Under 35 U.S.C. section 284, a court may increase damages up to three times the amount found once willful infringement is established (per Halo Electronics v. Pulse, 2016). Enhancement is discretionary and reserved for egregious conduct, and courts may also award attorney fees in exceptional cases.
What is the difference between lost profits and a reasonable royalty?
Lost profits compensate the patentee for sales it would have made but for the infringement, requiring proof of demand, absence of non-infringing substitutes, capacity, and the profit margin (the Panduit test). A reasonable royalty is the statutory floor available when lost profits cannot be proven, and typically yields a smaller award.

Need legal help with your claim?

Embed this calculator

Copy the code below and paste it into your website.

The embed includes a "Powered by LexScale.ai" attribution that links back to the original calculator.

Ready to grow your firm with AI?