Leo&us
Strawinskylaan 6, Amsterdam, 1077 XZ
The Netherlands
Netherlands Chamber of Commerce No.: 92954847
Netherlands VAT ID No.: NL005051280B28
The practitioners of Leo&us are registered with the following bodies:
The European patent attorneys are registered with the Institute of Professional Representatives before the European Patent Office (EPI) (Bayerstrasse 83, 80335 Munich, Germany, T +49 89 242052 0, E [email protected] , http://www.patentepi.com).
The US patent attorneys and agents are registered with the United States Patent and Trademark Office (600 Dulany Street, Alexandria, VA 22314, USA, T +1 571 272 1000, E [email protected] /, http://www.uspto.gov/).
On the website of these organisations information can be found about the legislation and codes of conduct to which the patent practitioners are bound and about the procedures available for filing a complaint.
The professional services rendered by Leo&us are strictly limited to patent prosecution and related intellectual property matters before the USPTO, EPO, and UPC, in accordance with the applicable rules and regulations of said offices, including but not limited to 37 C.F.R. § 11.1 et seq. (USPTO) and the European Patent Convention (EPC).
Representation of Leo&us before the European Patent Office is governed only by the regulations and Code of Professional Conduct of the Institute of Professional Representatives before the European Patent Office (epi). Rules and Regulation of the USPTO is disclaimed to the European patent matters before the EPO or UPC represented by Leo&us.
Nothing herein shall be construed as the provision of legal advice under the laws of any U.S. state, and no attorney-client relationship as defined under U.S. state law is created or implied by virtue of any engagement with Leo&us.
Any external patent attorney, partners, counsel, or affiliated professionals associated with Leo&us operate in an independent capacity. Leo&us expressly disclaim any and all liability arising from or attributable to the individual professional conduct, representations, advice, or omissions of such external partners. Likewise, no external partner shall bear any responsibility for the acts, omissions, obligations, or liabilities of Leo&us.
Terms and Conditions
Article 1 – Applicability
These terms apply to every engagement of the Firm and to all services it provides, including follow-up and supplementary engagements.
These terms also apply for the benefit of everyone who works for or on behalf of the Firm, including its partners, employees and engaged third parties, who may rely on them directly.
The client’s own general terms and conditions do not apply.
Deviations from these terms are valid only if agreed in writing.
Article 2 – Engagement
An engagement is concluded when the Firm accepts it in writing, or starts work on it.
All engagements are accepted and carried out exclusively by the Firm, also where the client intends a specific person to carry them out. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.
The Firm has an obligation to use its best efforts. It does not guarantee any result, including the grant, scope or validity of any patent or other right.
Article 3 – Client obligations
The client provides the Firm in good time with all information and instructions needed for the engagement, and is responsible for their accuracy and completeness.
Instructions on time-sensitive matters (including filings, replies, renewals and payments of official fees) must reach the Firm in writing in good time before the relevant deadline. Unless agreed otherwise, the Firm is not obliged to act on any matter without such instructions, or without receiving the required funds in advance.
On termination or transfer of an engagement, the client is responsible for instructing its new representative in good time.
Article 4 – Limitation of liability
The Firm’s total liability arising from or in connection with an engagement is limited to the amount of the fees, excluding official fees and disbursements, invoiced by the Firm to the client for the prosecution of the patent application or right concerned during the 6 months preceding the event that caused the damage, with a maximum of EUR10000.
Where a series of related events leads to damage, it counts as one event.
The Firm is not liable for indirect or consequential damage, including lost profits, lost revenue, lost licence income, loss of market share, or loss of business opportunities.
The Firm is not liable for damage caused by errors, delays or malfunctions in electronic systems, online filing tools or means of communication of third parties, including those of patent offices, provided the Firm has acted with reasonable care.
The Firm is not liable for damage caused by acts or omissions of third parties engaged by the Firm or the client, such as foreign agents, translators or annuity service providers, where the Firm has exercised reasonable care in selecting them.
The limitations in this article do not apply to damage caused by intent or deliberate recklessness of the Firm’s management.
Article 5 – Time limit for claims
The client must notify the Firm in writing of any complaint about the services within three months of discovering, or reasonably being able to discover, its cause.
Any claim against the Firm lapses if legal proceedings are not started within one year after the client became aware, or could reasonably have become aware, of the facts on which the claim is based.
Article 6 – Fees and payment
Fees are charged on the basis of time spent at the Firm’s applicable rates, or as otherwise agreed in writing.
Invoices are payable within 30 days of the invoice date. Official fees may be invoiced in advance.
Article 7 – Governing law and disputes
All engagements and these terms are governed by Dutch law.
Disputes are submitted exclusively to the competent court in Amsterdam.
If any provision of these terms is invalid, the other provisions remain in force, and the invalid provision is replaced by a valid one that comes as close as possible to its purpose.