Terms & Conditions

thepatent.place
Service Terms

By using this website, thepatent.place, the User agrees to these Service Terms without any reservation and agrees that these Service Terms constitute a binding and enforceable agreement between the User and PP.

The Site Privacy Terms govern how any personal data will be collected and processed in connection with the Service. Before you use the website or any Service, you should read the document and print or save a local copy for your records.

If you do not agree to these Service Terms, you should cease using this website and you should not engage with us with respect to the Service.

Agreed terms

  1. Definitions
  • Application Number: the Application Number issued by the EPO expressed as e.g EPXXXXXXXX.X
  • Authorised User: as defined in clause 2.1
  • Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  • Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 5 or clause 9.6.
  • EPO: is one of the two organs of the European Patent Organisation (EPOrg) which grants European patents for the Contracting States to the European Patent Convention.
  • Fees: the fees payable by the User to PP for the Services and as determined by PP in accordance with clause 2.8.
  • Filing: European Regional Phase Entry of Patent Cooperation Treaty patent filings utilising
  • EPO Form 1200.
  • Grants: the formal issuing of a patent by the EPO.
  • Moneycorp: TTT Moneycorp Limited and its branches, subsidiaries, affiliates and sister companies from time to time.
  • Normal Business Hours: 8.00 am to 6.00 pm local UK time, each Business Day.
  • PP (or “we”, or “us”): IP Place Limited (company number 10631882) with offices at 25 Meer Street, Stratford-upon-Avon, Warwickshire, CV37 6QB, UK a limited company under the laws of England and Wales.
  • Renewal: annuity fees payable to the EPO.
  • Services: means the internet enabled platform which enables Users to process patent Filings, Renewals, Grants, Validations and other administrative processes directly with the EPO. It includes other services, and any other features and services we make available to Users from time to time, through our website at www.thepatent.place and any other IP Place Limited branded or co-branded websites, including any now existing or later developed sub-domains, international versions of IP Place websites, widgets, and mobile website versions.
  • Software: the online software applications provided by PP as part of the Services.
  • User (or “you”):an individual acting for their own account or a company or its representatives, in each case who has visited the website, created an account on the website or is engaged with using the Service.
  • User Data: the data inputted by the User, Authorised Users, or PP on the User’s behalf for the purpose of using the Services or facilitating the User’s use of the Services including but not limited to the Application number.
  • Validations:  after a patent is granted by EPO, it must be validated in each country of interest which involves paying a fee and may involve obtaining a translation of the patent.
  • Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
  • Vulnerability: a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.
  1. Services
    • In order to use the Services you will need to register for an account. Upon registration, the User will be provided a User Code and User PIN. It is the responsibility of the User to keep these details confidential and they should only be shared with the User’s employees, agents or representatives authorised to use the Services on behalf of the User (Authorised Users).
    • Any use of the Services using the User’s User Code and User Pin will be deemed to be use under the authority of the User.
    • PP shall have the right to disable any User Code or User PIN, if in the reasonable opinion of PP, a User has failed to comply with any of the provisions of these Service Terms.
    • The Service has been designed to operate in accordance with the EPO’s processes and procedures.
    • The Services can be used as a platform through which Filings, Grant Renewals and Validations are made on behalf of a User.
    • PP will process the Filings, Grant Renewals and Validations directly with the EPO on behalf of a User in accordance with these Service Terms. The User is responsible for ensuring that all details, including but not limited to the User Data, provided by or on behalf of the User are correct.
    • PP is under no obligation whatsoever to verify the information and/or User Data provided by the User and shall not be held liable for any loss or damage caused as a result of incorrect information provided by the User.
    • The User will need to raise an enquiry using the Services for each Filing, Grant Renewal or Validation it wishes to make (Enquiry). For each Enquiry made by the User, PP will issue a quotation for the fees payable (Quotation) which shall include PP’s Service transaction fees, EPO Fees and any exchange rate fees (Fees).
    • PP retains the right at any time to adjust quoted fees based on price adjustments made by the EPO.
    • Subject to these Service Terms and receipt of the Fees in cleared funds in accordance with clause 7, PP will instruct the EPO to file or renew the requested patent application in accordance with the Enquiry.
    • PP will use reasonable endeavours to deliver Service related emails however PP shall not be responsible for any delivery error or failure of transmission. It shall at all times remain the User’s responsibility to ensure all actions in connection with an Enquiry are carried out within the relevant timescales and deadlines set by the EPO.
    • Subject to these Service Terms, PP hereby grants the User a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Services solely for the User’s internal business operations.
    • The User shall not and shall not permit access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
      • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence;
      • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      • is otherwise illegal or causes damage or injury to any person or property;

and PP reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access to any material that breaches the provisions of this clause.

  • The User shall not:
    • except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Service Terms:
      • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
      • attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
    • access all or any part of the Services in order to build a product or service which competes with the Services; or
    • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party, other than Authorised Users; or
    • attempt to obtain, or assist third parties in obtaining, access to the Services; or
    • introduce or permit the introduction of, any Virus or Vulnerability into the PP’s network and information systems.
  • The User shall use best endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify PP.
  1. PP’s Obligations
    • PP undertakes that the Services will be performed with reasonable skill and care.
    • The undertaking at clause 3.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to PP’s instructions, or modification or alteration of the Services by any party other than PP. If the Services do not conform with the foregoing undertaking, PP will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the User with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the User’s sole and exclusive remedy for any breach of the undertaking set out in clause 3.1.
    • PP:
      • does not warrant that:
        • the User’s use of the Services will be uninterrupted or error-free;
        • that the Services and/or the information obtained by the User through the Services will meet the User’s requirements; or
        • the Software or the Services will be free from Vulnerabilities.
      • is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
    • These Service Terms shall not prevent PP from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Service Terms.
    • PP warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Service Terms.
    • PP shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for during periods where maintenance is carried out.
    • PP will, as part of the Services provide the User with PP’s standard customer support services during Normal Business Hours.
  2. User’s Obligations
    • The User shall:
      • provide PP with:
        • all necessary co-operation in relation to the Services; and
        • all necessary access to such information as may be required by PP;

in order to provide the Services, including but not limited to User Data;

  • without affecting its other obligations under these Service Terms, comply with all applicable laws and regulations with respect to its activities under these Service Terms;
  • carry out all other User responsibilities set out in these Service Terms in a timely and efficient manner. In the event of any delays in the User’s provision of such assistance as agreed by the parties, PP may adjust any agreed timetable or delivery schedule as reasonably necessary;
  • ensure that the Authorised Users use the Services in accordance with these Service Terms and shall be responsible for any Authorised User’s breach of the same;
  • obtain and shall maintain all necessary licences, consents, and permissions necessary for PP agents to perform its obligations under these Service Terms;
  • ensure that its network and systems comply with the relevant specifications provided by PP from time to time; and
  • be, to the extent permitted by law, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to PP’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s network connections or telecommunications links or caused by the internet.
  1. User’s data
    • The User shall own all right, title and interest in and to all of the User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such User Data.
    • In the event of any loss or damage to User Data, the User’s sole and exclusive remedy against PP shall be for PP to use reasonable commercial endeavours to restore the lost or damaged User Data from the latest back-up of such User Data maintained by PP. PP shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party.
  2. Third party providers

The User acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. PP makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the User, with any such third party.  Any contract entered into and any transaction completed via any third-party website is between the User and the relevant third party, and not PP. PP recommends that the User refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.  PP does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

  1. Charges and payment
    • The User must ensure all Fees are received by PP in its nominated bank account in cleared funds and in the requested currency (as detailed in the Quotation) by any date specified by PP in the Quotation or as otherwise specified by PP.
    • All payments made to PP in connection with the Services shall be received and processed by Moneycorp. In agreeing to these Service Terms, each User agrees that all such payments shall be processed in accordance with any applicable terms issued by Moneycorp. https://www.moneycorp.com/en-gb/legal/terms-of-use/.
    • When making payment via Moneycorp the User must ensure that it submits with the Fees all details required by PP, including but not limited to the Application Number, reference number, value and receiving account number.
    • If PP has not received payment by the due date PP shall be under no obligation to perform the Services or carry out any action in relation to the Enquiry to which the unpaid Fees relate.
    • The User shall be responsible for reimbursing PP for any late transaction fees or administrative fees charged by the EPO as a result of an act or omission by the User.
    • All amounts and fees stated or referred to in these Service Terms:
      • one paid are non-cancellable and non-refundable;
      • are exclusive of value added tax, which shall be added to the Fees at the appropriate rate.
  1. Proprietary rights
    • The User acknowledges and agrees that PP and/or its licensors own all intellectual property rights in the Services. Except as expressly stated herein, these Service Terms do not grant the User any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
    • PP confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Service Terms.
  2. Confidentiality
    • Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Service Terms. A party’s Confidential Information shall not be deemed to include information that:
      • is or becomes publicly known other than through any act or omission of the receiving party;
      • was in the other party’s lawful possession before the disclosure;
      • is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
      • is independently developed by the receiving party, which independent development can be shown by written evidence.
    • Subject to clause 4, each party shall hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
    • Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
    • A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 4, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
    • The User acknowledges that details of the Services, and the results of any performance tests of the Services, constitute PP’s Confidential Information.
    • PP acknowledges that the User Data is the Confidential Information of the User.
    • No party shall make, or permit any person to make, any public announcement concerning this agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
    • The above provisions of this clause 9 shall survive termination of this agreement, however arising.
  3. Indemnity
    • The User shall defend, indemnify and hold harmless PP against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User’s use of the Services.
    • PP shall defend the User against any claim that the User’s use of the Services in accordance with these Service Terms infringes any United Kingdom copyright, trade mark, database right or right of confidentiality, and shall indemnify the User for any amounts awarded against the User in judgment or settlement of such claims, provided that:
      • PP is given prompt notice of any such claim;
      • the User provides reasonable co-operation to PP in the defence and settlement of such claim; and
      • PP is given sole authority to defend or settle the claim.
    • In the defence or settlement of any claim, PP may procure the right for the User to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this agreement on 2 Business Days’ notice to the User without any additional liability or obligation to pay liquidated damages or other additional costs to the User.
    • In no event shall PP be liable to the User to the extent that the alleged infringement is based on:
      • a modification of the Services by anyone other than PP; or
      • the User’s use of the Services in a manner contrary to the instructions given by PP; or
      • the User’s use of the Services after notice of the alleged or actual infringement from PP or any appropriate authority.
    • The foregoing states the User’s sole and exclusive rights and remedies, and PP’s entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
  4. Limitation of liability
    • Except as expressly and specifically provided in this agreement:
      • the User assumes sole responsibility for results obtained from the use of the Services by the User, and for conclusions drawn from such use. PP shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to PP by the User in connection with the Services, or any actions taken by PP at the User’s direction;
      • PP shall have no liability for loss or damage suffered by a User as a result of an inappropriate, unsuitable, defective or ineffective patent Filed or Renewed through the Service;
      • the User accepts and acknowledges that any information on the website or provided as part of the Service is not intended to amount to advice on which the User should rely. Each User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website or in connection with the Service;
      • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
      • the Services are provided to the User on an “as is” basis.
    • Nothing in this agreement excludes the liability of PP:
      • for death or personal injury caused by PP’s negligence; or
      • for fraud or fraudulent misrepresentation.
    • Subject to clause 1 and clause 11.2:
      • PP shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
      • PP’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Fees paid by the User during the 12 months immediately preceding the date on which the claim arose.
  1. Term and termination
    • If there is no activity on a User account for more than 3 years we will automatically terminate this agreement and delete the User account.
    • Without affecting any other right or remedy available to it, PP may terminate these Service Terms and the User’s account with immediate effect by giving written notice to the User if:
      • the User fails to pay any amount due under these Service Terms on the due date for payment;
      • the User commits a material breach of any other term of these Service Terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
      • the User repeatedly breaches any of the terms of these Service Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
      • the User takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
      • the User suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
    • On termination of this agreement for any reason:
      • all licences granted under this agreement shall immediately terminate and the User shall immediately cease all use of the Services;
      • PP may destroy or otherwise dispose of any of the User Data in its possession; and
      • any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
  1. Force majeure

PP shall have no liability to the User under these Service Terms if it is prevented from or delayed in performing its obligations, or from carrying on its business, as a result of or in connection with acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the PP or any other party), failure of a utility service or transport or telecommunications network, significant volatility in the currency markets where the exchange rate increases by more than 20%, act of God, war, terrorism, cyber-attacks, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

  1. Variation

PP reserves the right to make changes to the Service Terms from time to time. When these changes are made, we will make the updated version of the Service Terms available on our website. You understand and agree that if you use the Service after the date on which the Service Terms have been updated, we will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Service.

  1. Waiver

No failure or delay by PP to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

  1. Rights and remedies

Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  1. Severance
    • If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
    • If any provision or part-provision of this agreement is deemed deleted under clause 1, where appropriate, it shall be replaced in accordance with the meaning and purpose of the Service Terms.
  2. Entire agreement
    • This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    • Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  3. Assignment
    • The User shall not, without the prior written consent of PP, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
    • PP may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
  4. No partnership or agency

Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

  1. Third party rights

This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

  1. Governing law

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

  1. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).