USPTO Filing Document

USPTO Filing Agreement

This Agreement is entered into between Client Name: and Service Provider Name: with an Effective Date of .

WHEREAS

WHEREAS, Client is the owner or lawful assignee of certain intellectual property or inventions and desires that certain filings be prepared and submitted to the United States Patent and Trademark Office (USPTO) on Client's behalf;

WHEREAS, Service Provider is duly qualified and experienced in preparing, prosecuting, and filing USPTO documents and agrees to provide such professional services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the preparation, filing, and post-filing prosecution of the identified USPTO matter.

Application Details

Filing Type: New Patent Application Continuation Amendment Assignment Recordation Other If Other, specify:

USPTO Application/Serial Number:    Registration Number (if applicable):

Scope of Work

Service Provider shall perform professional services to prepare, review, and file the documents identified above and to undertake reasonable post-filing prosecution before the USPTO as specifically authorized in this Agreement. Services include, but are not limited to: drafting and filing the specified application or filing, drafting office action responses, preparing assignments or recordation documents, and advising Client on filing strategy.

Payment Terms

Total Fee for Services: $ (exclusive of official USPTO filing fees and third-party disbursements).

Late Fee: or per month on overdue balances, whichever is greater.

Term and Termination

This Agreement commences on the Effective Date and continues until final disposition of the identified USPTO matter or until earlier termination as provided herein. Commencement Date: . Expected Completion / End Date: .

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to termination. Service Provider may terminate immediately for Client's material breach, failure to timely pay fees, or failure to provide required instructions.

Upon termination, Client remains responsible for all fees and disbursements incurred through the effective date of termination, including reasonable wind-down costs.

Authority to File and Representation

Client grants Service Provider the authority to prepare, execute and file all documents reasonably necessary to effectuate the filings described in this Agreement, to sign routing documents on Client's behalf where authorized in writing, and to communicate with the USPTO and third parties concerning the matters described herein.

Confidentiality

Each party shall maintain the confidentiality of non-public information disclosed in connection with this Agreement. Service Provider shall not disclose Client Confidential Information except to the extent necessary to perform the services or as required by law or by the USPTO. Confidentiality obligations shall survive termination of this Agreement for a period of years.

Certifications and Client Representations

Client represents and warrants that Client is entitled to pursue the filings specified, that all information and disclosures provided to Service Provider are true and complete to the best of Client's knowledge, and that no material facts have been knowingly withheld that would affect filing, prosecution, or enforceability. Client shall promptly notify Service Provider of any change in ownership or facts material to prosecution.

Client Certification: I hereby certify under penalty of perjury that I am authorized to execute this Agreement and that all information provided to Service Provider for purposes of preparing USPTO filings is true and correct to the best of my knowledge and belief.   Client certifies

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to conflict of law principles. Any dispute arising out of this Agreement shall be resolved by the courts of that jurisdiction, subject to any mandatory venue rules governing patent or trademark matters.

Limitation of Liability

Service Provider's liability arising from the performance of services under this Agreement shall be limited to direct damages not to exceed the total fees paid by Client for the specific matter. Service Provider shall not be liable for consequential, special, incidental, or punitive damages.

Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. Any modification must be in writing and signed by both parties.

Notices

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