Rospatent plans to roll out in 2026 a pilot version of a digital service designed to calculate sector-average royalty rates for the use of intellectual property. The service will operate on the basis of information drawn from license agreements that are registered with Rospatent. The agency announced the initiative on 20 October 2025.

The system will enable calculation of average royalty rates for the use of subject matter protected by patent law and for trademarks over a selected period. According to Rospatent, the service will aggregate anonymized data on the financial terms of registered agreements, giving market participants a more accurate reference point for valuing their assets. Such valuation may be useful not only for negotiating and concluding license agreements, but also for other transactions involving the disposal of exclusive rights. Rospatent further noted that the service may assist valuers and lenders when determining the collateral value of intellectual property.

The pilot phase contemplates staged data population and refinement of parameters. Businesses are advised to review their IP portfolios and existing licenses in advance, to update royalty formulas in their standard contract templates, and to provide for adjustment mechanisms where agreed terms materially deviate from prevailing market levels.

Comment by Daniil Glushenok, Senior Associate, IP/IT practice:
“It is reasonable to expect that the service will become a convenient tool for both right holders and counterparties. On the basis of objective data it will be possible to establish a ‘baseline temperature’ and, from there, to craft fair contractual terms. In addition, the service’s data may serve as evidentiary support when calculating statutory compensation for infringement of exclusive rights to a trademark, invention, utility model, or industrial design, where the law permits recovery in double the value of the right to use the relevant subject matter.”

Source: Rospatent