Updated September 2, 2019
PLEASE READ THIS PATENT SERVICES AGREEMENT CAREFULLY. By using the patent services (the “Patent Services”) made available by Patentarea LLC (“Patentarea”) via its website (the “Website”), you agree to the following provisions governing such use (the “Patent Services Agreement”). The Patent Services Agreement is a binding legal contract entered into by you and Patentarea. Both you and Patentarea may be referred to herein individually as a “Party”, and collectively as the “Parties”. You may be referred to herein as the “User” and “Client”.
2. THE SERVICE.
2.1. Scope of Services. PATENTAREA DOES NOT PROVIDE LEGAL COUNSEL. Patentarea provides a web portal for patent services. Patentarea aims to give visitors a general understanding of the law, and provides access to public information and non-legal services. Patentarea’s services include reviewing the User’s information for completeness, spelling errors, and for internal consistency of names, addresses, and other User entered information. Patentarea also provides services aimed at assisting clients in the administration of certificates. Patentarea is NOT a law firm and cannot and does not provide legal services or legal advice. In any instance where you need legal services, Patentarea will provide you with the information of third-party licensed attorneys (each an “Attorney”). Patentarea is a directory service and does not provide legal referral services.
Patentarea’s sole involvement with respect to your retaining an Attorney is as a directory service. Patentarea shall not influence or interfere in with an Attorney’s independent judgment. As between Patentarea and any Attorney, the Attorney shall have sole discretion with respect to the handling of User’s legal matters. You warrant and agree that you will submit only materials reasonably necessary for registration of any Patent. You understand and agree that any other materials submitted shall not be treated as confidential or proprietary or otherwise considered information protected by attorney-client privilege.
With respect to non-legal services, or services provided in jurisdictions where the use of a licensed attorney is not a requirement, Patentarea may connect you with a patent specialist rather than a licensed attorney.
You shall have no claim of liability against Patentarea with respect to any such services and/or advice, and hereby acknowledge and agree that Patentarea is and shall not be responsible for the acts or omissions of said third-party.
2.2. Conflicts Check and Refund of Fees. Should any conflict of interest arise with respect to your representation by a third-party Attorney, then Attorney, at their sole discretion, may terminate the relationship between you and Attorney, you shall receive a refund of any fees pre-paid for services.
2.3. Account Management. Patentarea shall assign to you a patent specialist. Said account managers shall be employees and/or third-party contractors of Patentarea, and may provide you with information regarding the patent registration process, requirements, status updates, and other general support. Account managers do not provide legal advice or provide legal services. As patent information is considered public information, you understand that Patentarea having access to such information and communicating it to you is not a violation of attorney-client privilege.
2.4. Patent Services. “Patent Services” shall mean those patent search and registration services made available or otherwise made known via Patentarea’s Website.
2.5. Additional Documents. You agree to provide and/or execute any additional documentation required for the successful completion of the Patent Services, including but not limited to any required powers of attorney. You agree to provide duly executed, notarized, legalized originals, and/or translations as required and at your own expense.
2.6. Additional Fees. In some countries and jurisdictions, additional payment is required to request substantive examination, obtain a patent registration certificate or for keeping the patent in force through maintenance fees payments. Even if you elect to pay such fees in advance, an additional payment may be required due to changes in such fees beyond the control of Patentarea or due to variances in the exchange rate, between the date of payment and the date when the fees in local currency must be settled. If you do not pay any such additional payment within the specified time, the patent registration may remain pending or may be considered abandoned by the patent office due to no fault of Patentarea.
2.7. Official due dates: In some countries and jurisdictions, maintenance fees and other official fees must be paid to the patent office before a due date to keep the patent in force. Patentarea may send you anticipated reminders but is the sole responsibility of the patentee to ensure official fees are paid timely and periodically if applicable to prevent expiration of the patent.
2.8. Certificate Hardcopies. Some patent offices issue hardcopy certificates. In an effort to reduce the carbon footprint, Patentarea sends digital copies of the certificate of registration or the granted patent publication. Hard copies are only sent when explicitly requested by the client and additional fees will apply.
3. RIGHT TO TERMINATE SERVICE. Patentarea has the right to refuse Patent Services to anyone and to cancel any User’s access thereto for any reason and at any time without prior notice. Among other causes, Patentarea may refuse to provide a Patent Service at its sole discretion if an Attorney, patent specialist, or Patentarea itself has a conflict of interest with the User’s request. Also, Patentarea has the right to discontinue availability of the Patent Services, either temporarily or permanently, or as to any part thereof, without notice or liability of any kind.
4. USER INFORMATION AND INTELLECTUAL PROPERTY.
4.1. Unsolicited Submissions. You understand that you shall not submit confidential or proprietary intellectual property through the Website, other than the materials necessary for the successful registration of the patent. Patentarea will promptly provide any proprietary materials to the Attorney or patent specialist. All comments, feedback, information or material submitted to Patentarea through or in association with the patent registration process, by any participant in the process, shall be considered confidential and part of your attempt to register the patent.
4.3. Third-Party IP. Content made available to you via the Website that is not otherwise owned or controlled by Patentarea shall be owned and controlled by their respective owners and/or licensees.
4.4. License to User IP. You hereby grant to Patentarea a limited license to process, copy, and otherwise handle your intellectual property to the extent necessary to perform any service requested by you.
5. DISCLAIMER AND LIMITATIONS OF LIABILITY.
5.1. Disclaimer Regarding Attorneys. Patentarea makes no representation or warranty as to the qualifications or competency of any Attorney, or as to the accuracy or completeness of any participating Attorney’s work. Participating Attorneys are independent third-parties solely responsible for the advice they give, the services they provide, and the representations about themselves they make.
YOU, THE USER, UNDERSTAND AND AGREE THAT PATENTAREA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY RETAINED BY YOU IN CONNECTION WITH YOUR USE OF THE PATENTAREA SERVICES AND WEBSITE, REGARDLESS OF WHETHER PATENTAREA MADE THAT PROFESSIONAL’S INFORMATION AVAILABLE TO YOU, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES OR THE OUTCOME THEREOF IS SOLELY AT YOUR OWN RISK.
5.3. No Backup of Records. You, the Client, understand that you are solely responsible for the creation, storage, and backup of your business records, any registrations, and activity data. This Patent Services Agreement and any registration for or subsequent use of the website will not be construed as creating any responsibility on Patentarea’s part to store, maintain, backup, retain, or grant access to any information or data for any period.
6. TERM AND TERMINATION. This Patent Services Agreement shall be effective from the moment you first access the Patent Services and shall continue in effect in perpetuity.
7.1. Entire Agreement. This Patent Services Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Patent Services Agreement.
7.2. Contact Information. If you have any questions, concerns, or complaints about our Patent Services or anything under this Patent Services Agreement or other Agreements with us, please contact us at the following email address or telephone number:
Email: [email protected]
1001 BRICKELL BAY DR, STE. 2700
MIAMI, FL 33131. USA