The non-binding offer of the patent attorney is directed at entrepreneurs and – with the exception of advice on employee invention law – not at consumers. Unless the client informs otherwise, it is assumed that the client is an entrepreneur.
The content of the mandate consists of providing the agreed services and not in guaranteeing a specific legal or economic outcome. The mandate is carried out in accordance with the principles of proper professional conduct with continuous training and taking into account current legal developments.
The mandate is concluded between the client and the patent attorney upon acceptance of the client’s order by the patent attorney. The patent attorney is entitled to involve employees or third parties to fulfill the mandate.
For better readability, the male form "client" is used in these General Terms and Conditions. It is expressly noted that this equally refers to female clients.
Unless otherwise agreed, a fee of EUR 310 per hour is charged for legal services such as consultations, drafting and sending reports or opinions, procedural actions, preparing file notes, and meeting notes. Billing is done in tenth-hour increments, with each started tenth of an hour being fully billable.
In addition to actual expenses, such as travel costs, accommodation costs, fees advanced, and external services, the patent attorney is entitled to charge a document fee, which is calculated based on the amount to be invoiced and is at least EUR 10.
For appointments not canceled in time, a cancellation fee based on the time spent may be charged, with typically 12 minutes scheduled for preparation and 12 minutes for holding the appointment. An appointment is considered canceled in time if the cancellation is made before preparation for the appointment begins.
All prices quoted are net prices plus statutory VAT. Official fees that the patent attorney collects and disburses on behalf of and in the name of the client are exempt from VAT and are generally treated as pass-through items, provided they are listed separately on the invoice. The patent attorney reserves the right to deviate from this. The fee is due without deduction upon receipt of the invoice. Payment is made by bank transfer to the account specified in the invoice, indicating the invoice number.
The patent attorney is entitled to charge partial fees or request advances in an amount considering the expected total fee and expenses (particularly official fees and external services). If the partial fee or advance is not paid, the patent attorney may refuse the mandate or terminate the mandate relationship.
The client is obligated to provide the patent attorney with comprehensive and detailed information regarding the mandate. The client is also required to carefully read all documents sent by the patent attorney and to respond to the patent attorney's questions, comments, and remarks, preferably by email.
The client is obligated to regularly check the email addresses provided to or used by the patent attorney for new messages and to notify the patent attorney immediately of any changes in contact details.
The patent attorney is subject to a professional duty of confidentiality. All employees are also contractually bound to maintain confidentiality.
It is agreed that communication between the client and the patent attorney will take place via email. Invoices, notifications, and reminders of deadlines or due dates for safeguarding the client's rights will be sent by email unless otherwise agreed.
The patent attorney takes all common precautions to ensure the confidentiality and security of data transmitted during remote communication. The patent attorney offers the option to send encrypted emails. Remote communication, i.e., communication via email, telephone, fax, or the internet, is solely at the client's risk.
The client’s claim for damages resulting from the contractual relationship with the patent attorney is limited to EUR 1,000,000 for cases of simple negligence.
Oral information provided during a free initial consultation and telephone advice is generally non-binding unless confirmed in writing.
For all legal disputes arising from or in connection with this contract, the exclusive place of jurisdiction, as far as legally permissible, is 42655 Solingen, Germany.
Unless otherwise agreed in writing, the place of performance for all services arising from business relationships with the patent attorney is 42655 Solingen, Germany.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The patent attorney is required to maintain a physical file for each mandate. After telephone conversations or meetings with the client or third parties, the patent attorney will prepare at least a file note. The time spent preparing a file note or detailed meeting note will be billed based on time spent.
For searches related to technical intellectual property rights, i.e., patents and utility models, as well as trademarks and designs, specialized databases are used. These databases may have gaps or delays in updates. It is possible that the databases do not cover all rights filed or granted in a specific country or technical area. Additionally, patents and utility models are typically not published until 18 months after filing, meaning they cannot be searched during that time. Similarly, trademarks and designs may experience delays between filing and publication in the respective registers or databases used.
It is expressly pointed out that even a thorough search cannot eliminate the risk of a conflict with earlier rights, but only reduce it.
Searches are conducted with the utmost care; however, no guarantee can be made for the accuracy and completeness of search results.
Should any provision of these General Terms and Conditions be wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision in a legally permissible manner. The same applies to any gaps in the provisions.