1. Whenever used in this application the following terms will have the following meanings:
(a) “Invention(s) / Innovation(s) / Intellectual Property (IP)” means discoveries, developments, designs, improvements, Inventions and/or works of authorship, whether or not patentable, copyrightable or otherwise legally protectable by any Intellectual Properties. This includes, but is not limited to, any new machine, article of manufacture, biological material, method, process, technique, use, equipment, device, apparatus, system, compound, formulation, composition of matter, design or configuration of any kind, or any improvement to patentable, copyrightable, trademarkable subject matters thereon.
(b) “Proprietary Information” means information or physical or e-material not generally known or available outside the Company or information or physical or e-material entrusted to the Company by third parties. This includes, but is not limited to, Inventions, confidential knowledge, trade secrets, copyrights, product ideas, techniques, processes, formulas, software (including source and object code), mask works and/or any other information of any type relating to documentation, data, schematics, algorithms, flow charts, mechanisms, research, manufacture, improvements, assembly, installation, marketing, forecasts, pricing, customers, the salaries, duties, qualifications, performance levels and terms of compensation of other employees, and/or cost or other financial data concerning any of the foregoing or the Company and its operations. Proprietary Information may be contained in material such as drawings, samples, procedures, specifications, reports, studies, customer or supplier lists, budgets, cost or price lists, compilations or computer services, or may be in the nature of unwritten knowledge or know-how.
(c) “Company / Company Documents” means documents or other media that contain Proprietary Information or any other information concerning the business, operations or plans of INANSE Intellectual Property and Consultancy Services, whether such documents have been prepared by me or by others. “Company Documents” include, but are not limited to, blueprints, drawings, photographs, charts, graphs, notebooks, customer lists, computer disks, tapes or printouts, sound recordings and other printed, typewritten or handwritten documents etc.
2. I / we hereby agree to the following terms and conditions of the Company,
(a) I / We shall not claim any right of ownership over the intellectual property that may be created by the Company bringing in higher innovative developments to the invention created out of this service at any time after 3 months from the date of filing an intellectual property application for the invention subject to this application and the Company or its clients shall be the sole owner of the IP so created.
(b) I / We will promptly disclose to the Company, or any persons designated by the Company, all relationships with any other companies, either alone or jointly with others, apart from the Company and its subsidiaries prior to taking up my / our services and agree not to discuss or disclose any proprietary information of the Company to anyone without a proper written / email consent from the Company.
(c) I / We hereby promptly agree and authorize the Company to employ any person / entity as preferred by the Company to make any improvements in my / our inventions / innovations created during my / our availing services from the Company and in no way shall I / We object any such activities of the Company and the Company shall not intimate or do not carry any obligation to intimate me / us on any such proceedings made by the Company or its preferred person/s and the Company shall not compensate me / us in any means for the improved Invention/s.
(d) The Company through its agents / legal consultants in alliance, bound to the legal boundaries shall make the essential filings and take all essential actions, however, the Company in no way guarantees the Grant or Compulsory grant / registration of any intellectual property filed on my behalf in the respective intellectual property office.
(e) I/ We agree to execute all papers in a timely manner and do all acts necessary for the Company to complete the services. The obligation of the Company is only to provide support in completing the IP services as per the level of assistance sought by me / us; and assist me / us in securing the legal protection for my / our innovation / invention through the Company’s agents / legal consultants in alliance as per the level of support sought by me / us from the Company’s packages offered under the respective service. I / we understand and agree that the fee collected from me / us is inclusive of the service / consultancy fee and the corresponding fee at different stages to be paid to the Company’s legal consultants / agents in alliance. The obligation of the Company to me/ us in assisting my / our invention / innovation is fulfilled immediately after the corresponding intellectual property with reference to this application reaches the level of assistance which was sought by me / us as per the services offered.
(f) The obligation of the Company shall be completely executed only if I / we complete my / our payment on time as requested and as issued through a proforma invoice / quotation by the Company; in case of any deviations in payment of the stated fee or delay in issuing of documents on timely manner by the me / us as requested by the Company at any stage, the Company reserves the right to degrade me /us from the level of assistance of services chosen by me to the next lower or least level or even cancel the services without any refund, which is of best suitability to the Company in order to safeguarding itself from losses.
(g) I / we understand and agree that no fee shall be reimbursed to me / us at any stage after signing this application, since the services of the Company incur man hour expenses, third party payments and associated expenses to the Company which once initiated shall not be regained. However at any event if I / we have paid and made all necessary arrangements on time to the Company and still the Company has failed the accomplish its obligation on providing the services of filing the respective applications for the intellectual property to the corresponding office as promised within a period of 250 days from the date of signing this application / date of commencement of the service whichever is later, the Company is obliged to refund the entire sum of fee paid. This obligation to refund is not applicable if the delay is due to the timelines laid by the Government or unforeseen circumstances in processing the application for any intellectual property from one stage to the other during the overall process.
(h) I/ we understand that the Company offers various services related to IP and acts as just a bridge between the Clients / legal consultants / intellectual property offices in terms of patent filing and other IPR related activities; I / we are duly informed and educated by the Company in all manners, that the decision of the corresponding intellectual property office of the respective Country shall be final on any application made. The Company in no way assures the grant / forwarding of any intellectual property application filed through its agents / consultants in alliance. It is only upon the request of me / us by word / by mail communications, the Company provides services to me / us through its services and service providers in alliance and carries forward my / our new innovation / invention on my / our behalf with full authority for filing and securing Intellectual Property through its agents / legal consultants in alliance; the Company in no way promises or has mentioned to me / us, that the Company is a Patent Office or any other Intellectual Property Office.
3. I/ We assure and take responsibility to the Company that upon execution of this application, I / we do not violate any obligations that I / we may have to any other former or present entities / industries / Inventors / individuals in relationship with the services through which an invention / innovation might be created (legal or casual) including the obligations to keep confidential any proprietary or confidential information of other person / entity. I / we also agree that no such previous applications or obligations were made prior to this application pertaining to the invention arising out of the services with the Company, that are violated by this application and I / we assure that, I / we will not enter into any such applications in future which conflicts with this application causing a breach.
4. The obligations under this application by me/ us to the Company shall survive as the top priority in case of any violation of obligations made by me / us with any other former or present or future entities / industries / Inventors /individuals and the Company shall not be responsible for any consequences or be liable to change its policies or terms of this application by any manner.
5. This Application shall be effective as of the date of signing
6. I / we admit that I/ we have thoroughly analyzed and chosen from the different services, packages under each intellectual property services offered by the Company; and all details related to the service and packages have been clearly explained by the associate(s) of the Company and I agree that the Company does not promise to provide any other services other than mentioned as in the package selected by me / us and the company does not make any promises to me / us regarding commercialization or product development or manufacturing of the innovation / invention filed for intellectual property; however support shall be provided as per the decisions made by the Company in terms of product development / manufacturing / commercialization of the innovation / invention for which the intellectual property is filed; whose terms will be laid through separate applications and respective charges shall be borne by me / us and the Company reserves the sole deciding right.
7. After completion / termination of services by the Company to me / us as chosen, I / we hereby promptly agree and authorize the Company to employ any person as preferred by the Company in making improvements in and to any such Inventions / innovations for which an intellectual property application is applied for through the services of the Company and in no way shall I / we object any such activities of the Company and the Company shall not intimate or do not carry any obligation to intimate me / us on any such proceedings made by the Company or its preferred person/s and the Company shall not compensate me / us in any means for the improved Invention/s or the innovations / inventions created by the Company after my / our service completion. I / we will not claim any share in profits in any manner (financially, ownership wise etc.,) and the innovation / invention / patent / any IPR created shall remain the sole property under the ownership of the Company or its clients. (Clause Applicable only after 3 months from the date of filing IP for the respective invention / innovation)
8. I/ we represent that upon execution of this Application, my / our relationship with the Company in securing the IP for the new Invention / innovation as per the services selected by me / us from the Company will not violate any obligations I / we may have to any former or present employer, or other person or entity, including any obligations to keep confidential any proprietary or confidential information of any such employer/s. I / we promise to the Company that I / we have not entered into, and will not enter into, any agreements which conflicts with or would, if performed by me / us, cause me to breach this agreement. The Company through its agents / legal consultants in alliance, bound to the legal boundaries shall make the essential filings and take all essential actions, however, the Company in no way guarantees the Grant of the intellectual property so filed. If during or after the service provided by the Company in securing IP for my / our new invention / innovation, violate any obligations that I / we may have to any former or present employer, or other person or entity, including any obligations to keep confidential any proprietary or confidential information of any such employer; I / we shall be responsible and liable for all the legal actions and the Company shall not be liable by any manner and I / we assure that in the course of performing my works with the Company, I / we will not utilize any Proprietary or confidential information of any former employer or present employer, or other person or entity.
9. I/ we oblige to complete my / our entire payment as stated in the invoice / quotation / proforma invoice sent by the Company for the services not later than 3 months from the date of my first part payment for the respective services / not later than one month after the respective service obligation from the Company is duly completed as per the package chosen by me. Upon failure to complete my / our payment as per this agreement for any service rendered by the Company for which I agreed to pay the respective fee, I / we shall pay a financial interest of 4% per month on the entire amount quoted in the invoice by the Company as penalty to the Company. The Company also reserves the right to issue legal notice and / or take legal action on me / us upon any default of payment and in that case I / we oblige to pay any penalties imposed along with the above mentioned fees along with the interest and the expenses incurred due to the legal actions so taken by the Company.
10. The obligations under this application by me / us to the Company shall survive as the top priority in case of any violation of obligations made by me / us with any other former or present entities / industries / Inventors /individuals and the Company shall not be responsible for any consequences or be liable to change its policies or terms of this application by any manner.
11. I / we hereby agree that the Company handles my / our application for Trademark and Copyright only through a third party service provider or agents / attorneys authorized to handle the corresponding intellectual properties and the Company has clearly informed me / us regarding the same and I / we hereby agree to place the order with the Company only after understanding the fact.
12. I / we through signing this application agree to receive promotional or transactional SMS/Email updates from the Company towards all its services from time to time and I / we hereby ascent to this decision until I / we submit a request to unsubscribe from the SMS / Email alerts contact list of the Company.
13. I / we through signing this application hereby ascent and agree for the Company to use my / our names along with other details such as name of my / our employers / entity / product / innovation / IP, for the purpose of its own marketing by word of mouth or by displaying in its website or other social mediums or any platforms for the cause, towards the Company’s promotional activities.
14. I / we agree that any dispute (not limited to) in the meaning, effect or validity of this Application shall be resolved through arbitration in a location as per the interest of the Company for several times and only upon mutual consent shall proceed with a formal complaint through the court of law which will be in accordance with the laws and jurisdictions of Chennai without regard to the conflict of law provisions thereof. I / we further agree that if one or more provisions of this Application are held to be unenforceable under applicable law, such provision(s) shall be excluded from this Application and the balance of the Application shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms
15. All charges mentioned / stated through separate quotations or as hard copies at the time of filling the application form are inclusive of government fee and professional fee for patent agents of INANSEIP / patent, trademark and copyright attorneys in alliance with INANSE IP, except in places where it is mentioned as government fee separate.
16. Payments shall be strictly made only to the company’s account through electronic modes or negotiable instruments such as cheques or demand drafts; no cash handling is permitted.
17. In case of patents, for basic, advanced and complete packages, the amount quoted is applicable for drafts with 30 pages, 10 claims and 2 patent sketches only. For additional sketches INR. 1000/- per sketch, INR. 700 per claim and INR. 400 per page shall be charged additionally above the package charges mentioned above also in case of filing amendments or making any changes to the specification or adding inventors or applicants or assignment of patents or any professional services for the matter not included in the package after receiving confirmation of the client and after filing the application, the same shall be charged separately and are not included in the package.
18. Patentability or prior art search reports issued by INANSE IP and consultancy services shall only carry advise and report on processing an invention or a concept further. Such reports in no way guarantees the client a compulsory grant of the patent and the client is at will to continue further or discontinue the patenting process post search reports.
19. FOR PATENTS
a. No packages includes prior art or patentability search services; they may be opted for in addition with the chosen package as per client’s preference.
b. Basic Package includes drafting complete specification, preparing and filing the patent application to the patent office, preparing and filing request for early publication, preparing and filing endorsement by inventors, preparing and filing statement of undertaking and preparing and filing authorization by agent.
c. Advanced Package includes a basic patent search, drafting complete specification, preparing and filing the patent application to the patent office, preparing and filing request for early publication, preparing and filing endorsement by inventors, preparing and filing statement of undertaking and preparing and filing authorization by agent, preparing and filing proof of right of inventors, preparing and filing request for examination and drafting response for first examination report and filing reply for the first examination report issued to the patent office. (Hearings if any as well as preparing and filing response for any further examination reports are not included in the package).
d. Complete Package includes a basic patent search, drafting complete specification, preparing and filing the patent application to the patent office, preparing and filing request for early publication, preparing and filing endorsement by inventors, preparing and filing statement of undertaking and preparing and filing authorization by agent, preparing and filing proof of right of inventors, preparing and filing request for examination and drafting and filing response for any many examination reports from the patent office as applicable, placing request to the patent office in order to put an application for grant, intimation of grant / no grant from the patent office (payment of patent maintenance fees, taking actions towards pre-grant or post-grant oppositions, appealing / attending hearings with the controller / IPAB are not included in the complete package and separate fee shall be applicable in such cases)
e. Express Advanced Package includes a basic patent search, drafting complete specification, preparing and filing the patent application to the patent office, preparing and filing request for early publication, preparing and filing endorsement by inventors, preparing and filing statement of undertaking and preparing and filing authorization by agent, preparing and filing proof of right of inventors, preparing and filing request for expedited examination and drafting and filing response for first examination report (FER) from the patent office. (Preparing and filing response for any further examination reports are not included in the package).
f. Express Complete Package includes a basic patent search, drafting complete specification, preparing and filing the patent application to the patent office, preparing and filing request for early publication, preparing and filing endorsement by inventors, preparing and filing statement of undertaking and preparing and filing authorization by agent, preparing and filing proof of right of inventors, preparing and filing request for express examination and drafting and filing response for any many examination reports from the patent office as applicable, placing request to the patent office in order to put an application for grant, intimation of grant / no grant from the patent office. Express processing of patent applications of large entities is possible only through PCT route and the PCT application processing fee shall be paid separate apart from the actual complete package fee. (Payment of patent maintenance fees, taking actions towards pre-grant or post-grant oppositions, appealing / attending hearings with the IPAB are not included in the complete package and separate fee shall be applicable in such cases.)
20. FOR DESIGNS
a. Basic Package includes drafting design specification, preparing and filing the application for design to the design office.
b. Advanced Package includes a basic design search, drafting design specification, preparing and filing the patent application to the patent office, filing authorization by agent, drafting and filing response for first examination report issued by the patent office. (Preparing and filing response for any further examination reports are not included in the package).
c. Complete Package includes a basic design search, drafting design specification, preparing and filing the patent application to the patent office, filing authorization by agent, drafting and filing response for first examination report issued by the controller / examiner, drafting and filing response to any many statement of objections as required by the controller / examiner and carrying out the overall official processes until the grant / no grant of the design application. Designing / redesigning 2D and 3D sketches and attending to hearings (if any) for the design application are not included in the package and shall be considered as separate service for which respective fee shall be paid.
21. FOR TRADEMARKS
a. Basic Package includes preparing the trademark application, filing the application for trademark to the trademark office as per the class and the prices mentioned above is applicable for filing a trademark under one classification only.
b. Complete Package includes preparing the trademark application, filing the application for registration of trademark to the trademark office as per the class and filing replies to the trademarks office as such as required and carrying out the overall official processes until the registration / denial of the trademark.
c. Trademark services are carried out through professional attorneys / Trademark Agents in alliance with Inanse IP as a consultancy service and Inanse IP does not directly file or handle trademarks application proceedings. Hearings if any shall be charged separately.
22. FOR COPYRIGHTS
a. Copyright services are carried out through professional attorneys in alliance with INANSE IP as a consultancy service and INANSE IP does not file or handle copyrights in-house
23. Design, typing operations shall be charged separate and are not included in the packages when chosen for normal basic, advanced and complete packages for design patents, trademarks and copyrights
24. All services and charges other than as mentioned as in packages shall be applicable only for those particular services and no package benefits can be claimed.
25. INANSE IP and consultancy services in no way promises or holds any authority to promise the grant of any intellectual property filed through our services and we are only agents appointed by the client and authorized by the patent office through patent agents in order to submit applications to the patent office on behalf of an applicant.
26. All timelines promises post filing an application to the corresponding intellectual property office is based on the timelines issued by the concerned office and INANSE IP and consultancy services will not be responsible for any delays caused to the client in such cases where such delays are due to the official delays caused by the patent / trademark / copyright / design offices of the government of India, over which INANSE IP and consultancy services hold no authorities.
27. Choosing any services is at the will and wish of the client and the client chooses and applies for the corresponding services not on any compulsions; by submitting the opt and initiating the process, the client agrees to pay the amount mentioned in the quotation or received through payment link as applicable during the application process. Any delays in payments or falling short of payments shall attract interest and the client agrees to pay the same to INANSE IP along with interest applicable from 10% to 20% per annum on the balance amount.
28. Any discrepancies or issues with the process shall be sorted out through arbitration upto 10 times and only upon reaching no mutual solution, the client shall seek the court for justice
29. The terms under this agreement may only be modified by a subsequent written resolution passed by the Partners of the Company.