Terms of Service (TOS)
Provisional Patent Filing (READ THIS)
1. Provider will be showing you how to write and file a provisional patent application (the “Services”). You understand that a provisional patent application will give you “patent pending” status for 12 months only and then the patent application will expire. Remember this is only a patent “application” and not a full issued patent. Once the 12 month time period is over, you may have the option to either:
a: re-file a new provisional patent application (note: this option may not be available if you publicly disclose or sell your invention before we get our application filed)
b: file a non-provisional patent application which can turn into a full issued patent (cost $650 USPTO fees plus attorney or agent time and fees which could cost $5,000 or more)
c: do nothing and let your patent application expire (cost $0.00).
2. By helping you file your provisional patent application, Provider cannot make any guarantees that your invention will be approved or accepted by the patent office. The patent office will do their own search and analysis to determine if your invention is truly new and patentable and it is up to the patent examiner to either allow or deny your patent. Provider does not know if you are infringing on or violating anyone else’s patent rights. Trying to figure this out is very difficult and is not something which Provider is able to offer to Users.
By retaining services of Provider, you agree to indemnify and hold harmless Provider, its owners, and employees for all damages and claims which may arise relating to the services offered by Provider.
3. Although provisional patent applications usually are not published, the information is include in a patent application may be made available to the public. If Provider has signed a non-disclosure agreement with User, User agrees that submitting a patent application to a patent office will not be a violation of that non-disclosure agreement.
4. Brad Fach is a patent agent who is registered by the US Patent Office to write and file patents only. Brad Fach is not an attorney and PatentFile, LLC is not a law firm and is not a substitute for an attorney or law firm.
Disclaimer of Warranties
The materials on the Website are provided ‘as is’. Provider makes any warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Provider does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
In no event will Provider be liable with respect to any subject matter of this agreement or any work performed for the User for, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you the User to Provider under this agreement during the twelve (12) month period prior to the cause of action. Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Provider, its owners, and employees from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website and services provided by Provider.
Severability and Termination
If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless the invalidity of any such provision substantially deprives any Party of the practical benefits intended to be conferred by this Agreement.
Either Party may terminate this Agreement at anytime by giving 15 day written notice to the other party. However, User’s agreement to Limitations of Liability and Indemnification as outlined above shall survive the termination of the this Agreement.
Last updated February 4, 2013