Introduction
Please read these Terms of Service carefully before using this website or purchasing any services. By accessing or using this website, you agree to be bound by these Terms.
If you do not agree with these Terms, you must not use this website.
These Terms constitute a legally binding agreement between you and Patentsmith LLC.
1. Operator of the Website
This website and the services offered through it are owned and operated by Patentsmith LLC (“Patentsmith”, “we”, “us”, or “our”), based in the State of Ohio, United States.
These Terms govern your access to and use of the Patentsmith website and any services offered through it.
2. Nature of the Website and Services
The website provides tools and services related to the preparation and filing of patent applications and related intellectual property documentation. Services available through the website may include, among other things:
- Patent drafting services
- Patent filing services
- Communication with registered patent practitioners
- Document preparation assistance
- Educational information regarding patents
- Messaging or communication tools
Patentsmith may modify, suspend, or discontinue any service at any time.
3. No Attorney-Client or Patent Agent–Client Relationship Without Engagement Agreement
Use of this website does not create an attorney-client relationship or a patent agent–client relationship between you and Patentsmith LLC or any patent practitioner affiliated with Patentsmith.
An attorney-client or patent agent–client relationship is formed only after:
- Patentsmith agrees to represent you, and
- A separate written engagement agreement is executed.
Until such an engagement agreement is signed, any information provided through the website is treated as general communication regarding potential services.
You acknowledge that the website and its content are not a substitute for professional legal advice.
4. Confidentiality of Submitted Information
Patentsmith understands that invention disclosures and related materials may be highly confidential. Information submitted through the website is treated as confidential and is used solely for the purpose of providing the services requested by you.
Access to such information may be limited to:
- Employees or contractors of Patentsmith
- Registered patent practitioners associated with Patentsmith
- Service providers necessary to deliver the requested services
Communications submitted through the website may not be protected by attorney-client privilege unless a formal representation agreement has been established.
5. User Accounts
Certain features of the website may require you to create an account. You agree that:
- The information you provide is accurate and complete
- You are responsible for maintaining the confidentiality of your login credentials
- You are responsible for all activity conducted through your account
Patentsmith reserves the right to suspend or terminate accounts at its discretion.
6. Ownership of User Content
You retain ownership of all materials you submit through the website, including invention disclosures, documents, and other information.
By submitting content to the website, you grant Patentsmith a limited license to use that content solely for the purpose of providing the services requested by you.
7. Ownership of the Website and Platform
All software, systems, workflows, designs, and materials used on the website are the property of Patentsmith LLC or its licensors. You may not:
- Copy the platform
- Reverse engineer the platform
- Reproduce or redistribute the software
- Use the platform for competitive purposes
All rights not expressly granted are reserved by Patentsmith.
8. Payments and Fees
Services are provided on a pay-per-service basis unless otherwise stated. All fees must be paid before services are provided. All payments are processed through third-party payment processors.
You agree that all payments are final. No refunds or satisfaction guarantees are offered.
Patentsmith reserves the right to modify pricing at any time.
9. Filing Services
Where filing services are purchased, Patentsmith may prepare and file documents with the United States Patent and Trademark Office or other relevant authorities. Such services may be subject to additional terms contained in a separate engagement agreement.
You acknowledge that government filing fees are separate from service fees unless explicitly stated.
10. Website Security
Patentsmith takes reasonable measures to protect the security of information transmitted through the website. Security measures may include industry-standard encryption technologies such as SSL.
However, no method of transmission over the internet can be guaranteed to be completely secure. By using the website, you acknowledge that Patentsmith cannot guarantee absolute security of transmitted information.
11. Third-Party Services
The website may rely on third-party service providers, including but not limited to:
- Payment processors
- Document signing platforms
- Hosting providers
Patentsmith is not responsible for the practices of third-party services.
12. Export Compliance
You agree to comply with all applicable United States export control laws and regulations. You agree not to submit information or use the services in violation of any export restrictions or sanctions laws.
13. Limitation of Liability
To the fullest extent permitted by law, Patentsmith shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website or services.
In any event, the total liability of Patentsmith shall not exceed the amount you paid to Patentsmith for the specific service giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless Patentsmith LLC and its agents, employees, and contractors from any claims arising from:
- Your use of the website
- Your submitted content
- Violation of these Terms
15. Mandatory Arbitration
Any dispute arising out of or relating to these Terms or the services provided by Patentsmith shall be resolved through binding arbitration on an individual basis, conducted in accordance with the rules of the American Arbitration Association.
You agree to waive the right to:
- A jury trial
- Class action lawsuits
- Representative actions
16. Governing Law
These Terms shall be governed by the laws of the State of Ohio, without regard to conflict of law principles.
17. Changes to These Terms
Patentsmith may modify these Terms at any time.
Updated Terms will be posted on the website with a revised effective date. Continued use of the website constitutes acceptance of the updated Terms.
18. Contact Information
Patentsmith LLC
[Address]
[Email]
[Website]