These Terms and Conditions (the “Terms”) determine how you may use our website PCT-EP.com ("PCT-EP" or the “Services”). By using the Services it is assumed you accept the Terms.
PCT-EP, PCT-EP.com and the PCT-EP logo are trade marks of Atherton Knowles. PCT-EP is a trading style of Atherton Knowles Ltd, Chartered (UK) and European Patent Attorneys. Atherton Knowles Ltd is registered in England & Wales. Company registration number 09058055. Our registered Office is St Brandon's House, 29 Great George Street, Bristol, BS1 5QT, United Kingdom.
The use of and any consequences of use of our Services is your responsibility. It is assumed that you can form a binding contract with PCT-EP in order to use our Services and may use our Services in compliance with the Terms and all relevant laws, rules and regulations.
We reserve the right to change the form, stop providing, or create limits on use of our Services at any time without prior notice to you. Subject to these Terms we will always proceed on the basis that our overriding duty to you is to do whatever we consider is necessary to properly protect and preserve your rights.
PCT-EP is not liable for any claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach by you of the Terms.
Information on the Services
Information which is obtained via our Services is used at your own risk and we do not provide any guarantees regarding the information accessed through the Services. PCT-EP is not liable for any errors in information made available through the Services.
Electronic and printed hard copies of parts of this website may be made for the purposes of researching or using the services of PCT-EP, on the condition that PCT-EP is acknowledged as author. Prior permission must be gained from PCT-EP for any other use of material on this website.
All right, title, and interest in the Services (except any information provided by users) is the exclusive property of PCT-EP.
Restrictions on Use of the Services
You agree that the Terms shall be observed at all times when using the website. You agree that this website shall not be used for any illegal purpose, that you will not expose this website to anything intended to interfere with the normal operating procedures of a computer, upload or transmit any offensive material, use this website in a way that violates the rights of any person, or interfere with PCT-EP’s right, title or interest in the website or its products and services.
You may not do any of the following while accessing or using the Services: access the non-public areas of the Services, PCT-EP’s computer systems, or the systems of PCT-EP’s providers; assess the vulnerability of any system or network or circumvent any security measures; access the Services by any means other than through our interfaces, unless you have been permitted by specific agreement with PCT-EP; use the Services to send altered, deceptive or false source-identifying information; or interfere with the access of any user, host or network, or create an undue burden on the Services.
We may restrict or prevent your access to the Services and/or this website following a breach of the Terms.
Availability of the Services
Your use and access to the Services is at your own risk. We make no warranty and disclaim all liability and responsibility for the completeness, accuracy, availability or security of the Services or any information obtained via the Services. You also agree that PCT-EP will not be responsible for any harm to your computer system, including loss of data, that results from your access to the Services, and that PCT-EP has no responsibility for the deletion, failure to store or transmit any information maintained by the Services.
We do not endorse the accuracy or content of third-party websites or resources linked from PCT-EP. You accept any risk arising from your use of any such websites or resources.
Your Account & Password
You agree to provide complete and accurate Registration information (“Registration Data”) when you establish an account (“Account”) with PCT-EP, and to update this Registration Data accordingly. You agree that PCT-EP may use and store this Registration Data in billing fees and in maintaining your Account.
You are solely responsible for maintaining the security and confidentiality of your Account, and PCT-EP shall not be responsible for any losses arising out of the unauthorised use of your Account. You agree to notify PCT-EP immediately of any security breach of your Account.
By using the Services, you consent to the use and collection of any information you provide, including the transfer of this information to other countries for storage, processing and use by PCT-EP.
Collection of Information
Information you provide to us: The information we collect from you on this Website is used to provide an efficient and customised experience. We collect information such as your name, telephone number, email address, company and billing address.
Information we collect from other sources: We may also obtain information about you from other sources and combine the information we collect about you. For example, we collect information from the EPO database to verify and update patent record information and mailing addresses.
Information Use: If you create a PCT-EP.com account, we may need to provide you with communications such as administrative messages, service announcements and EPO updates. You may not be able to opt-out from receiving such messages.
Unless required to by law, we will not disclose your specific personal information or financial information to anyone other than to Atherton Knowles Limited (the firm of patent attorneys of which PCT-EP is a trading style) and to organisations (such as the EPO) or companies (such as other firms of patent attorneys to which you have asked us to transfer a case).
You undertake to promptly answer all questions, ensure that the person who instructs PCT-EP has the authority to place such orders and to bind your organisation to the payment of the amount as stated in the invoice, and to accept our Terms.
Although PCT-EP makes every effort to calculate the costs of filing your patent application correctly in our quote of estimated costs (“Estimate” or “Quote” or "East Estimate" or “Easy Quote”), we cannot guarantee the accuracy of these costs. You should verify the accuracy of the inputs before placing an order.
You agree that no Estimate given by the Company shall constitute an offer, and that prices given in any Estimate by the Company are applicable on a case by case basis.
Late orders received after relevant EPO deadlines may require additional late fees, which are not shown in Estimates.
Most parameters of your patent application are automatically calculated before they are reviewed by us. Some elements such as the number of claims can be inaccurate and we assume that you have checked all elements when producing and reviewing your Estimate. If your patent application includes sequence listings, surcharges may apply. Estimates for regional phase entry usually include any renewal fees which may be due at or immediately after filing, but occasionally will not do so.
Our fees are subject to change at any time and without prior notice. You agree to pay us in the currency as chosen by you and as indicated on our invoices and to comply with the deadlines indicated on our communications. Late payment or authorisation may require us to reissue the invoices with late fees or to cancel your order.
PCT-EP reserves the right to issue a subsequent invoice if the patent office increases the relevant fees between the time an order is placed and the time an application enters the national phase.
We will make all efforts to accommodate urgent and late instructions. However, late fees may be applied where insufficient time remains to complete a filing before a deadline without applying for an official extension; these late fees will be clearly indicated in your invoices.
A request to cancel an order may be made by you at any time. PCT-EP reserves the right to approve such a request at its absolute discretion, however such approval shall not be unreasonably withheld.
PCT-EP charges a small foreign exchange uplift fee when calculating fees in other currencies. This fee is charged to compensate for our own currency conversion costs and to help cover exchange rate fluctuations between the date the invoice is issued and the date we pay the fees to the patent office.
Should you commit a breach of any of the Terms, or fail to make due payment for any Services supplied by PCT-EP, or commit an act of bankruptcy, or enable the appointment of any person authorised to enter into possession or assume control of any property pursuant to a mortgage or other security, PCT-EP may, without prejudice to any other rights, withdraw any credit facilities and require immediate payment of all moneys owing or accrued; suspend and/or terminate performance of any Services which PCT-EP has with you; and/or withhold any further performance of Services required under the accepted order. You shall be liable for all costs associated with the exercise by PCT-EP of its rights under this clause, which shall be repayable on demand.
By using Services supplied by PCT-EP to file patent applications and associated papers such as claim amendments, you agree not to assert that a conflict is created which would prevent us from representing other clients in matters relating to a patent application. You and we will determine after filing whether or not a conflict exists which would preclude us from performing legal services for the patent owner. In the event a conflict exists, we will withdraw from representation and make all reasonable attempts to transfer the patent application file to a patent attorney of the patent owner’s selection.
Any disputes between the parties arising in respect of these Terms should be settled through amicable consultation by the parties.
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions shall be governed by, and construed in accordance with, the law of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractural disputes or claims) arising out of or in connection with these Terms and Conditions.
Should actual performance of the Services or any parts be delayed in consequence of unforeseen events, the Company shall not be liable for any claims for non-fulfillment.
Limitation of Liability
PCT-EP and its employees, subsidiaries, officers, agents, affiliates, partners, associates and licensors will not be liable for any damages, such as loss of profits, data, use, goodwill, or other intangible losses, resulting from: your use or access of the Services, except in the case of gross negligence or fraud on the part of PCT-EP; any content obtained from the Services; and unauthorised use, access, or alteration of your transmissions or content, whether or not based on any legal theory, whether or not PCT-EP has been informed of the possibility of such damage, and even if a remedy as mentioned herein is found to have failed of its essential purpose.
Waiver and Severability
Should PCT-EP fail to enforce any right or provision of these Terms, such failure will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in force.
The application and impact of laws vary considerably depending on the specific facts of a case. As such, all information provided in our Website is merely for general information purposes only and does not constitute legal or other professional advice. Professional advice should be sought for specific queries.
We provide no guarantee of the completeness or accuracy of information on this Website. All information is provided without warranty, express or implied, and we disclaim all liability and responsibility for any loss that may arise from reliance on this information.
These Terms are a complete and exclusive agreement between PCT-EP and you with regard to the Services, unless you have a separate agreement with PCT-EP in addition to or in place of these Terms. Any prior agreements between PCT-EP and you regarding the Services are superseded and replaced by these Terms.
The most up to date version of these Terms are available at http://www.PCT-EP.com/terms-and-conditions. If these Terms are revised, we will contact you by email, if deemed necessary and at our discretion. By accessing the Services after the revised Terms become effective, you agree to be bound by the revised Terms.
If you choose to order Euro-PCT entry with this Service and choose Atherton Knowles as your European representative, the Terms & Conditions of Atherton Knowles (see the Atherton Knowles website) from the time of European entry will replace these Terms & Conditions..
Effective as of March 2017