Guide
What royalty rates do authentication and fraud patents earn? What the published surveys say
No open, published survey reports a royalty rate for authentication or fraud patents specifically; the closest are the Licensing Executives Society high-technology surveys, which report median running royalties of about five percent of sales across a few hundred self-reported deals, with software among the fields that carry a premium. Those figures describe a sample, not your patent, and the rate a licensee will pay comes from what the claimed method is worth inside its product and what it would cost to avoid.
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Every owner of a security patent eventually asks what royalty to expect, and most of the answers online are either a single number with no source or a figure from a paid database the reader cannot check. This page does something narrower. It lists only published surveys we could read in full or in an official summary, states who each one sampled and when, and reports what each found in its own terms.
We did not find an open survey that breaks out authentication, identity, or fraud patents. The surveys below cover high-technology licensing in general, and their samples include software, communications, and IT equipment alongside aerospace and medical devices. Read them as the range a buyer's licensing team has seen, not as a benchmark for your deal. The figures live in the sourced rows; the prose explains how to read them.
Which surveys are published, and who did they sample?
The Licensing Executives Society of the United States and Canada has run a high-technology royalty survey several times since its first report, each built from deals its members and other respondents chose to report. The samples are small, self-selected, and weighted toward licensors, and each report says so.
Three things about the samples matter before any figure does. First, respondents choose which deals to report, so the samples are not random. Second, in the latest survey most licensors were academic institutions, whose licensing practices differ from a private company's. Third, the deals cover every high-technology field, so a figure for the whole sample blends very different markets.
Sourced facts
LES High Tech Sector Royalty Rate and Deal Terms Survey, October 2011: 228 complete deals from 52 companies, for deals done 2008 through 2011, with 86% of respondents licensors. The average sales-based flat royalty rate was 6%, varying widely by industry; IT equipment and devices averaged about 5.5% as read from the summary's chart.
Source: Licensing Executives Society (U.S.A. and Canada), LES High Tech Sector Royalty Rate and Deal Terms Survey: Executive Summary (October 2011). Checked .
LES 2021 High Tech Royalty Survey, run July 14 to November 30, 2021: 58 complete or nearly complete submissions from 32 companies or entities. Most licensors were academic institutions, aerospace companies were the largest licensee group, and 45% of licensees had 2020 sales below USD 25 million.
Source: Licensing Executives Society (U.S.A. and Canada), 2021 Royalty Rate and Deal Terms Survey: Executive Summary. Checked .
What running royalty rates do they report?
Averages of about five to six percent of sales, medians of about five percent where a report gives one, and wide variation by field. Across the combined samples, deals that licensed one type of intellectual property averaged less than deals that licensed several, and deals where patents were the only property licensed averaged less still.
The gap between patent-only deals and deals with several kinds of property is the most useful finding for a security owner. A licensee pays more when it gets more than a right to practice the claims: working code, a reference design, the inventor's know-how, test data. An owner who can offer those alongside the patent is offering a different deal from an owner who offers the patent alone, and the surveys price that difference.
Sourced facts
LES 2017 High Tech Deal Term and Royalty Rate Survey, run July to September 2017: 155 complete deals from 70 companies. Average royalty rate 5.69% and median 5%; across 2008 to 2017, average 5.73% and median 5%. Software was among the technology types with a statistically significant premium, though software rates dropped after inter partes review began, on a limited number of samples.
Source: IPWatchdog, Licensing Executives Society High Tech Deal Term and Royalty Rate Survey (March 2019). Checked .
In the 2021 survey the average royalty rate was 4.82% and the median 4.75%. Across the four surveys since 2011 (2011, 2014, 2017, and 2021) the average was 5.66% and the median 5%. In those combined samples, deals with one type of IP averaged about 4.9% against 6.28% for deals with several, and deals where patents were the only IP licensed averaged 3.77%.
Source: Licensing Executives Society (U.S.A. and Canada), 2021 Royalty Rate and Deal Terms Survey: Executive Summary. Checked .
What else do the surveys say about deal terms?
That running royalties and lump sums are the two common structures, that median lump sums have fallen, and that fewer licensors say they license purely for money. More licensors in the latest survey name future collaboration as a reason to license.
For a security owner, the shift away from purely monetary licensing is worth noticing. The surveys measure why licensors sign, not what buyers expect, but a license built around future collaboration usually means a working relationship: support integrating the method, a roadmap conversation, sometimes development work. That favors owners who can stay involved and is harder for owners who want to license and step away.
Sourced facts
About 41% of the 2021 deals used a sales-percentage royalty and 34% a lump sum; the median lump sum fell to a new low of USD 125,000. Licensors citing a purely monetary purpose fell from 54% in the 2014 survey to 24% in 2021, while future collaboration rose from 26% to 36%.
Source: Licensing Executives Society (U.S.A. and Canada), 2021 Royalty Rate and Deal Terms Survey: Executive Summary. Checked .
Do software and security licenses earn more?
The surveys found software among the fields with a statistically significant royalty premium, along with exclusive licenses and technologies already in production. They also noted that software rates fell after inter partes review began, on a limited number of samples.
None of the surveys isolates security, identity, or fraud, so the software finding is the closest open evidence for most authentication and fraud patents. Treat it as a direction. A premium in the sample says software licenses in that sample earned more on average; it does not say your software patent will.
Sourced facts
The 2021 report's regression analysis of the combined samples found that technologies in aerospace, software, medical, and healthcare carry significant royalty premiums, as do exclusive licenses, technologies that are fully developed or in production, and deals that include know-how, drawings, and designs.
Source: Licensing Executives Society (U.S.A. and Canada), 2021 Royalty Rate and Deal Terms Survey: Executive Summary. Checked .
How have the figures moved over time?
Downward on average running royalties from the first survey to the latest, and downward on median lump sums since the second, across a decade in which post-grant challenges at the patent office and several court rulings changed the licensing market. The survey authors say those events reconfigured it.
The latest summary links the drop in licensors who license purely for money to those legislative and court events, says its regression analysis suggests the market has priced the events into royalties, and draws its own sample mostly from academic licensors. A rate drawn from a sample like that reflects a different mix of deals from a rate a private company would negotiate, which is one more reason to read the figures as a range rather than a benchmark.
For an owner of a security patent, the practical reading is that buyers now price the risk of a challenge into every negotiation. A patent whose claims have been tested, or whose owner has a clear and documented view from counsel on their strength, is easier to license at any rate than one that arrives untested.
Sourced facts
The 2021 summary says legislative events such as the America Invents Act and inter partes review, along with rulings of the Supreme Court and the Federal Circuit, have fundamentally reconfigured the licensing market and changed licensing behavior, and that its regression analysis suggests the market has priced those events into royalty determinations. The median lump sum per deal has continued to decline since the 2014 survey.
Source: Licensing Executives Society (U.S.A. and Canada), 2021 Royalty Rate and Deal Terms Survey: Executive Summary. Checked .
What can the surveys not tell you?
Anything about your patent. They cannot tell you whether your claims cover a buyer's product, what a design-around would cost, whether a standards commitment applies, or how many licensees the market holds. Those questions decide the rate, and only your buyer and your counsel can answer them.
They also cannot tell you what a buyer will accept as the base, how long a license should run, or what field limits make sense, which are the terms that move the money most. Use the surveys to recognize a number that is far outside what buyers have seen, and spend the rest of your effort on the questions that decide your own deal.
Why is there no survey for authentication and fraud patents?
Because the deals are few, private, and rarely reported. Most security licenses are confidential, many are bundled with software or services, and the largest buyers license mostly defensively, so there is no open dataset large enough to report a rate for the field.
Some commercial databases collect royalty terms from public filings and court records, and some licensing professionals publish figures drawn from them. We did not use them here, because a reader cannot check them without a subscription, and because filings and court records over-represent disputed patents and large deals. Where a figure is quoted to you from one of them, ask for the sample, the date, and the field before you rely on it.
Standards add a further wrinkle in security. Many of the specifications the market depends on were built to be royalty-free, so a licensed rate for a claim that reads on a standard may be zero by commitment. Rates in the surveys come from deals where someone agreed to pay.
How should you use a survey figure?
As a sanity check on a number you have reached another way, never as the number. The rate a licensee will pay comes from what the claimed method is worth inside its product, what it would cost to design around, what else comes with the license, and how many other licensees there will be.
The base matters as much as the rate. A small percentage of a whole device can be worth far more than a large percentage of a software feature sold separately, and buyers argue hardest about the base. Your counsel should see any royalty term before it is proposed, because the base and the definitions decide what the rate means.
- Start from the buyer's result: what the method changes in the licensee's product, losses, or costs.
- Estimate the design-around: what the licensee would spend in time and engineering to avoid the claims, with counsel's view.
- Decide what comes with the license: patents only, or code, data, and know-how too.
- Choose the structure: running royalty, lump sum, option, or a mix, and the base the royalty applies to.
- Then compare: if your number sits far from the survey range, find out why before you propose it.
What do buyers in this market expect to discuss first?
Not the rate. Buyers in security want to know what the method does in their product, whether it touches a standard, what else comes with the license, and the structure, before they discuss a number. An owner who opens with a rate usually ends the conversation early.
In our experience the rate is the last term agreed and the one most shaped by everything before it. A buyer who has confirmed the problem, tested the method, and agreed the field and the structure will negotiate a rate. A buyer who is shown a rate first will compare it with the cost of saying no.
Questions for your patent counsel
- What royalty base fits our patent and the licensee's product, and how should it be defined?
- Do any of our claims read on a standard whose commitments would set the royalty for that use at zero or on fixed terms?
- What would a licensee likely spend to design around the claims, in your view?
- Should the license include code, data, or know-how, and how does that change the terms and the risk?
- Which structure, running royalty, lump sum, or option, fits our existing agreements and our plans for other licensees?
Questions we hear
What is a typical royalty rate for a software patent?
The open high-technology surveys report medians around five percent of sales across all fields, with software among those carrying a premium. A typical rate in a survey is not a price for a particular patent.
Is there a standard royalty rate for cybersecurity patents?
No. We found no open survey that reports one, and the deals in the field are mostly private. The rate depends on the method's value in the licensee's product and the cost of avoiding it.
Should I ask for a royalty or a lump sum?
Both are common in the surveys. A lump sum gives certainty to both sides; a running royalty shares the upside and the risk. Your counsel should weigh the structure against your other agreements before you propose one.
Where Patenture fits
Patenture publishes no royalty rate for any patent or engagement. For owners whose product already uses the patent, the Licensing Reach Read sets out a license structure for each opportunity, screened against the owner's customers, partners, roadmap, and existing licenses, with a ranked licensee ladder and questions for patent counsel on the base and the terms.
By Mike Dayton. Published . Updated .
Every engagement starts with a mutual NDA and a written data-handling annex your counsel can review before intake. How confidentiality works.
Patenture is not a law firm. The claim explainer and the counsel question list are commercial analysis; claim construction, validity, and prosecution strategy stay with your patent counsel, whose access is a condition of the engagement.
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