Terms & Conditions
By accessing and using this website, 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 the Service.
The User also consents to the collection, use and disclosure of their personal information as outlined in the Site Privacy Terms when they subscribe and provide information, through the website or otherwise.
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.
1.1. “thepatent.place,” (PP) “we,” “us,” “our” means 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, and its directors, officers, employees, corporate affiliates, or other
1.2. “Service” means the internet enabled platform which enables Users to process patent filings, renewals and other administrative processes directly with the European Patent Office. 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 Ltd 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.
1.3. “Users” or “you” means an individual acting for their own account or a company or its representatives, in each case who has visited the website, created an account with us (a PP Account) or is engaged with using the Service.
1.4. “European Patent Office” (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.
1.5. “Information” means facts and other information about You, your User and/or your or your User’s intellectual property.
1.6. “Renewal” means annuity fees payable to the EPO and transactions with the EPO processed by PP on behalf of the User.
1.7. “Filing” means European Regional Phase Entry of Patent Cooperation Treaty patent filings utilising
EPO Form 1200.
1.8. “Application Number” means the Application Number issued by the EPO expressed as e.g EPXXXXXXXX.X
1.9. “Primary Account” means the master account registration for the Service of the User acting as administrator on behalf of the User.
1.10 “Moneycorp” means TTT Moneycorp Limited and its branches, subsidiaries, affiliates and sister companies from time to time.
1.11 “Registration” means when a User creates an account on the Service
2. Service Details and Distinctions.
2.1 YOUR RELATIONSHIP WITH thepatent.place
2.1.2 Your use of the Service is subject to the terms of a legal agreement between You and thepatent.place (the “Terms”).
2.1.2 Unless otherwise agreed in writing with PP, the Service Terms will include the following:
i) Service Terms;;
ii) the Site Privacy Terms which govern how any personal data collected in connectionwith the Service will be processed. Before you use the website or any Service, you should read the document and print or save a local copy for your records.
2.2 Changes to the Service Terms. We reserve 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.
2.3 Change to the website. We may update and change the website from time to time to reflect changes to the Service or our business priorities. Your agreement to the Service Terms shall apply to any new version of the website as appears at www.thepatent.place.
2.4 Availability of the website. We do not guarantee that the website or any content on it will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the site for any reason. We will try to give you reasonable notice when we do this.
3. Accepting the Service Terms
3.1. User Responsibility. You accept full liability and responsibility, and you indemnify PP, as well as its corporate affiliates, agents, directors, officers, employees, contractors, and any third-party vendors, for your actions or the actions of anyone else who uses any Service via your PP Account with or without your permission.
3.2 Clicking to Accept or using the Service. In order to use the Service, Users must agree to these Service Terms. You accept the Service Terms by:
a) Clicking to “Accept” or “Agree to the Terms” where this option is made available to you by PP in the User interface for the Service.
b) Using the Service. In this case, you understand and agree that we will treat your use of the Service as acceptance of the Service Terms from that time onwards.
4. Provision of the Service by thepatent.place – Filings and Renewals Service:
4.1 The Service will be used as a platform through which Filings and Renewals are made on behalf of a User.
4.2 PP will process Filings and Renewals directly with the EPO on behalf of a User, however, each User is responsible for ensuring that details provided by or on behalf of such User are correct.
4.2.1 Relevant details pursuant to Clause 4.2 above include the Application Number and/or European publication number.
5. User Registration:
5.1 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 other authorised persons.
5.2 Any User registered with PP using the User code and User PIN on behalf of a company will be deemed by PP to be acting under the authority of that company.
5.3 PP shall have the right to disable any User code or PIN, if in the reasonable opinion of PP, a User has failed to comply with any of the provisions of these Service Terms.
6. Obligations of the User:
6.1 When the User processes a Filing and/or Renewal transaction on the Service, they are committing to ensuring funds are received by the date and time that PP has communicated relevant to the specific Application Number.
6.1.1 Funds should be submitted by the User with all details required by PP such details to include, but not be limited to the Application Number;; Reference;; Value and Receiving Account Number.
6.1.2 Funds should be received into the PP nominated bank account in the requested currency before the latest time and date specified by PP.
6.1.3 Failure to provide funds as directed by PP constitutes a breach of these Service Terms and would be subject to the remedies as stated in Clause 11.2.
6.2 It is the User’s sole obligation to ensure that, with respect to any Renewal, the Application Number stated on such Renewal is the correct Application Number the User intends to renew.
6.3 Where any content is uploaded through the Service by a User, such User warrants that any such content does not breach any applicable law or the rights of any third party. Each User will be liable to and will indemnify PP for any breach of this warranty.
6.4 All payments made to PP in connection with the Service 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 and available on their
website at https://www.moneycorp.com/en-gb/legal/terms-of-use/.
7. Obligations of the Service:
7.1 The Service has been designed to operate in accordance with the processes and procedures as defined by the EPO.
7.2 PP will provide the User with a quotation based on the relevant exchange rate, Service transaction fees and the EPO Fees at the time of the Filing or Renewal enquiry.
7.3 PP will use reasonable endeavours to deliver Service-related emails. However, the User should not rely solely on these messages to trigger transaction-related actions and it shall be the User’s responsibility to ensure that all such actions are taken within the relevant timescales.
7.4 PP retains the right to adjust quoted fees based on price adjustments made by the EPO.
7.3 PP will instruct the EPO to file or renew the requested patent application once instructions and monies are received.
7.4 Monies received by PP from the User are deposited with the EPO in an effort to ensure all relevant Filings and Renewals are completed.
7.5 For each User Registration, the Service will create a dedicated support account, in order to provide support to the User.
7.6 PP will use reasonable endeavours to ensure that the quoted fees are correct.
7.7 PP is under no obligation to, and in fact does not, verify that the Application Number provided by the User is the correct number intended by the User.
8. Combined Obligations:
8.1 The EPO will be the ultimate arbitrator of decisions relating to any disputes in connection with Filings and Renewals.
9. Erroneous Use:
9.1 Should a User process a Renewal for the wrong Application Number, the User will be held responsible by PP.
9.2 Once a Filing or Renewal has been completed, it is irrevocable and not refundable.
10. Additional Rules for the provision and the use of the Service:
10.1 Without our express written consent you must not:
a. reproduce, duplicate, copy, download, sell or re-sell, visit or otherwise exploit for any commercial purpose any part of the Service;;
b. frame or utilise framing techniques or other technology to display the Service, any content of the Service, or any of our IP rights, on an external site;; or
c. use in a webpage any meta tag or other invisible or hidden text referencing our name or utilising any of our IP rights.
11.1 Failure to complete a Filing or Renewal shall require both the User and PP to pursue reasonable endeavours to rectify the situation.
11.2 In the event of failure by the User to complete a transaction, PP reserves the right to charge the User a penalty of an amount not in excess of 10% of the value of such transaction.
12.1 In the event the User wishes to no longer use the Service, no notice is required. Inactivity by the User on the Service for more than 3 years will trigger an automatic account termination by PP.
12.2 In the event PP wishes to cease trading with the User for any reason, 1 months’ written notice will be given to the User.
13. Limitation of liability:
13.1 PP strives to provide accurate and current Information, errors may occur and information may become outdated. PP offers no guarantee as to the reliability of any text or image published on the Service. We do not warrant that the Service and any Information, software or other downloaded material will be uninterrupted, error-free, omission-free or free of viruses or other harmful components.
13.2. Any information on the website or provided as part of the Service is not intended to amount to advice on which you 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. Advice on any Filings or Renewals should be sought before using the Service and PP excludes, to the fullest extent
permitted by law, any liability for loss or damage suffered by a User as a result of an in appropriate, unsuitable, defective or ineffective patent filed or renewed through the Service.
13.3. All information in relation to the Service is provided “as is” without warranty of any kind including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
13.4. PP may extract and display information to the User originating from the EPO for the provision of the Service e.g. bibliographic details of an IP Right based on an online form completed by the User. The Provider has no liability or responsibility for the accuracy, authenticity, completeness or relevancy of such data, which is provided as made available from external sites, nor for the use of such data.
14. Force Majeure:
14.1 In this Clause 12, Force Majeure means any event beyond the control of a party, which prevents such party from complying with any of its obligations under the Service Terms, including but not limited to:
14.1.1 significant volatility in the currency markets where the exchange rate increase by more than 20%;;
14.1.2 act of God (such as, but not limited to fires, explosions, earthquakes, drought, tidal waves and floods);;
14.1.3 war, hostilities (whether ware be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;;
14.1.4 rebellion, revolution, insurrection, or military or usurped power, or civil war;;
14.1.5 acts of terrorism;;
14.1.7 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;; or
14.1.8 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of PP or of any subcontractors.
14.2 Consequences of a Force Majeure event:
14.2.1 Neither PP or the User shall be considered in breach of the Service Terms to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Force Majeure event which arises after the Effective Date.
14.2.2 The party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
14.2.3 If and to the extent that PP is prevented from executing the Service by reason of Force Majeure, while PP is so prevented PP shall be relieved of its obligations to provide the Service but shall endeavor to continue to perform its obligations under the Service Terms so far as reasonably practicable.
15. Intellectual Property
15.1 Save in relation to User Date or Information, we are the owner or the licensee of all intellectual property rights in our website and the Service, including without limitation all trademarks, names, logos, designs, copyright, database rights, trade secrets and/or patents whether registered or unregistered. These works are protected by intellectual property laws and treaties around the world. All such rights are
reserved. Nothing on our website or Service should be considered to be granting a license to use any of the above-mentioned rights without our express written consent.
16.1 You agree that if we do not exercise or enforce any legal right or remedy contained in the Service Terms, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
17.1 You may not assign the benefit or burden of the Service Terms or your Primary Account without PP’s prior written consent. PP shall be entitled to assign or sub-contract the whole or part of our obligations or the Service provided under these Terms on written notice to the User.
18.1 In the event of any provision of the Service Terms being or becoming void in whole or part the other provisions of the Service Terms shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of the Service Terms.
19. Jurisdiction and applicable law
19.1 The Service Terms and use of the Service and any dispute or claim which arises out of or in connection with the foregoing or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed with the laws of England and Wales.