Engagement Agreement (Terms Of Service)

Thank you for choosing to retain the services of the Patent Practitioner Barry Choobin and Patent 360 (The firm) to represent you at the U.S. Patent and Trademark Office and to provide Intellectual Property related services. Barry Choobin has a license to practice and is in good standing with the U.S. Patent & Trademark Office.

In lieu of a signed paper version of this engagement agreement, an electronic version is presented here which you will be agreeing to, along with sending your first payment to the firm.

Keeping Client Informed

You will be kept informed of the status of your patent application(s) as they progress at the U.S. Patent and Trademark Office (USPTO). The firm will request your approval for each action at the USPTO and comply with your decisions in this respect, subject to ethical and legal obligations as well as professional judgment. The firm will promptly comply with your reasonable requests for information regarding the status of your case(s).

Your Obligation

The life of a Utility Patent is currently 20 years. While we make every effort to stay in touch, you as the client must keep the firm informed of your contact information. Please update us via this website concerning all changes to your address, email, phone number, and so forth, as applicable. In the absence of your express instructions, there is no obligation on the part of the firm to take any action.

Duty of Candor

There is an absolute obligation on the part of those involved with the invention (including inventors, attorneys, etc.) to disclose all information which is material to the prosecution of your patent application. Thus, if you or anyone at your company (if applicable) is aware of material information which may affect the examination of the patent application for your technology or invention, including any public disclosure by you or another before your filing date, it must be forwarded to the firm and provided to the USPTO. This is an ongoing obligation until issuance. Failure to provide such information may render a resulting patent invalid or unenforceable. See 37 CFR 1.56 for more information.

What to Expect at the USPTO

A Patent or Trademark Examiner at the USPTO will be assigned to handle your respective applications. He or she works under a Supervisor. We will do our best to communicate with the USPTO to get your patent issued, but there are no guarantees, as the process can be subjective.

Prosecution proceeds with at least the following major steps:

  1. Search to determine what Prior Art is available, so that we may claim a reasonable amount of
  2. Drafting including the written specification, drawings, and claims.
  3. Filing meeting all filing requirements of the USPTO.
  4. Information Disclosure informing the USPTO of all known information about your invention (Patents Only).
  5. Office Actions, Interviews, and Responses communicating back and forth with the Patent
  6. Issuance verifying that all information is correct and printing the patent.
  7. Maintenance Fees payment fees at years 4, 8, and 12 of the patent. Similar fees are required for trademarks on years 6 and 10.

Note: The firm does not keep track of the Maintenance fee payments. It is your responsibility to make sure that the Maintenance fee is paid on time for your patent after the Patent issued by the USPTO.

Other requirements may also arise, such as continuations, appeals, and foreign filing. These issues will be explained in due course and as necessary.

Hiring Third Parties

In the course of prosecuting a patent or trademark application, the services of other professionals may be needed, such as, a patent illustrator, a search agency, a foreign associate, and so forth. Such parties will be hired as necessary and confirmed with you.

Fees and Accounting

Before embarking on a service, the firm requires a non-refundable payment for the cost of a service. We only file documents with the U.S. Patent and Trademark Office when payment is fully received. Fees are charged on a flat rate. Funds are placed in the trust account and after earned will be transferred into firm’s operation account unless otherwise specified.

Services include conducting a search, drafting and filing an application, responding to an Office Action, filing an assignment or information disclosure document, receiving communications from the USPTO, delivering Patent Certificate of an issued application.

List of the services provided at a flat rate:

  1. Filing a Provisional Patent Application $179.00
  2. Patent Search Report $299
  3. Drafting a full utility patent application $2800
  4. Drafting a full Design patent application $845
  5. Responses to the Office action (Utility Applications) depending on the complexity between $1500 to $1800

The above fees do not include Statutory filing fees.

All invoices are sent electronically, that is, an email will be sent with a PayPal link to view your invoice in a web browser and payments may be made via electronic check or credit or debit card.

Withdrawal

At any time, you may choose to terminate the services of the firm by filing a revocation or new power of attorney with the USPTO (if applicable) and notifying the firm in writing. All outstanding invoices must be paid, and you must consent to signing any necessary forms for submission at the USPTO.

Confidentiality

The firm agrees to preserve your confidentiality as our client in accordance with U.S. Patent and Trademark Office rules as set out in the Code of Federal Regulations sections 37 CFR 10.56, 37 CFR 10.57 and CFR 1.56.

Thank you for your business and placing your trust in us. You can expect honest and reliable work in return!

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