Patent Law News
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Inventor(s) and Aexius, LLC ("Aexius") hereby agree as follows:
10.56 Canon 4.
- Attorney-Client Relationship. I understand that no attorney-client relationship has yet been formed. I further understand that by submitting a web form on an "aexius.com" or affiliate website and/or by contacting Aexius LLC or any of its employees, agents, or contractors does not create an attorney-client relationship.
- No initial payment (free). Inventor(s) DO NOT incur any payment obligation for an initial 30-minute consultation. Beyond an initial
30-minute consultation, unless a retainer agreement is executed and states otherwise, the following rates shall apply for Aexius services, either:
- $400 (USD) per hour for non-small entities (500 or more employees, members, or affiliates); or
- $250 (USD) per hour for small entities.
- Notice regarding increased government fees. On September 30, 2007, pursuant to the Consolidated Appropriations
Act of 2005, the USPTO adopted rules requiring increased filing fees with an initial effective date of November 9, 2007.
- Minimum retainer. For small entities, fees are 50% of the normal fee amount. The retainer minimum for Aexius patent application
drafting and prosecution services, beginning November 9, 2007 is:
This includes patent drafting labor and initial government filing fees, payable with a 50% initial deposit to commence the draft, with the remaining amount due upon completion of the draft. This includes full drafting and prosecution (representation) before the USPTO and responses to USPTO non-final and final rejection letters, not including extensions of time, interferences, appeals, or other non-standard procedures.
- $20,000 (USD) for non-small entities (500 or more employees, members, or affiliates); or
- $10,000 (USD) for small entities.
- Trade secrets. Inventor(s) understand that any proposals, agreements, and related information (Materials) are trade secrets
and are protected by U.S. and international copyright laws.
Inventor(s) shall not to reproduce, alter, or distribute the Materials in any form.
- Theft of services. Inventor(s) shall not seek to obtain through fraud, or with any intention, willfully, recklessly or negligently,
any services rendered by Aexius. Inventor(s) understand that it is customary and required to pay when services are rendered.
- General Advisory to Avoid Disclosure. Inventor(s) shall not disclose the details
of its invention to Aexius unless it decides to hire Aexius, and if so all disclosure shall be complete at the time of engagement to allow
Aexius to draft a more effective application.
- Notices. Inventor(s) understand that the USPTO is the authority to issue patents in the United States, and the
World Intellectual Property Organization based in Geneva, Switzerland, is the international bureau administering foreign filing rights.
Inventor(s) understand that no private firm, non-profit organization, institute, or other entity grants any patent rights. Inventor(s)
also understand that the typical initial step, prior to disclosing to third parties and to avoid triggering a bar to patentability under
the patent laws, is to have a patent application prepared in light of the patent laws and to obtain a filing date for the application via
a recognized government authority such as the USPTO. Furthermore, Inventor(s) understand that the patent system has a goal of increasing
the overall body of knowledge available to the public after the patent term expires. Inventor(s) understand that the patent application,
as a legal instrument, requires significant preparation to meet these various legal requirements, particularly to describe how to make and
use the invention ("Enablement"). Inventor(s) understand that failure to disclose all information material to
patentability can adversely affect prospective patent rights. Estimates can vary from $12,500 to $30,000 depending on several factors,
some of which may include, without limitation: the complexity of invention (e.g. computer-related inventions are usually higher than
simple mechanical ones), how crowded the field of invention is, the amount of prior art required to be analyzed, budget limitations,
and whether an international application is sought.
- National License; Forum Selection; Governing Laws. Registration to practice before the USPTO provides a national license to practice in
all 50 states to represent inventors in patent cases before the USPTO. AEXIUS therefore is bound by the federal laws and regulations
governing all patent practitioners. Any information leading toward the representation, even if it is not consummated in client representation
of Inventor(s), is still confidential. All disputes shall be resolved first between the parties; if still in dispute then by mediation; and
if still in dispute then by binding arbitration. The forum in which to resolve all disputes shall be in the federal district or state county of Los Angeles, California, USA. All disputes shall be goverened by the laws of the State of California and of the United States.
- Limitations on scope of legal services. The scope of legal services shall be limited to drafting, representation, or both, in an
initial patent application, if commenced, unless otherwise agreed. No litigation or legal services other than USPTO representation or
international patent application services are contemplated (consult an attorney licensed in your jurisdiction, including any advice
regarding contracts, trademarks, copyrights, or otherwise).
- Confidentiality. Some key
rules and canons governing ethical conduct of patent practitioners are set forth as follows:
A practitioner should preserve the confidences and secrets of a client.
[Added 50 FR 5178, Feb. 6, 1985, effective Mar. 8, 1985]
10.57 Preservation of confidences and secrets of a client.
(a) "Confidence" refers to information protected by the attorney-client or agent-client privilege under applicable law. "Secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
(b) Except when permitted under paragraph (c) of this section, a practitioner shall not knowingly:
(1) Reveal a confidence or secret of a client.
(2) Use a confidence or secret of a client to the disadvantage of the client.
(3) Use a confidence or secret of a client for the advantage of the practitioner or of a third person, unless the client consents after full disclosure.
(c) A practitioner may reveal:
(1) Confidences or secrets with the consent of the client affected but only after a full disclosure to the client.
(2) Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.
(3) The intention of a client to commit a crime and the information necessary to prevent the crime.
(4) Confidences or secrets necessary to establish or collect the practitioner's fee or to defend
the practitioner or the practitioner's employees or associates against an accusation of wrongful conduct.
(d) A practitioner shall exercise reasonable care to prevent the practitioner's employees, associates, and others whose services are utilized by the practitioner
from disclosing or using confidences or secrets of a client, except that a practitioner may reveal the information allowed by paragraph (c) of this section through an employee.
[Added 50 FR 5178, Feb. 6, 1985, effective Mar. 8, 1985]
10.61 Canon 5.
A practitioner should exercise independent professional judgment on behalf of a client.
[Added 50 FR 5179, Feb. 6, 1985, effective Mar. 8, 1985]