GENERAL TERMS AND CONDITIONS

The patent attorney performs his/her activities for a fee and has the right to request a reasonable advance from the client (Section 40, Act No. 417/2004 Coll., the Act on Patent Attorneys and on Amendments to the Act on Measures for the Protection of Industrial Property).

Clients are advised to inquire about the application of the type of fees, or their amount, before the actual legal action, consultations (including telephone consultations), etc.

GENERAL TERMS AND CONDITIONS

for the Provision of Patent Attorney Services

Mgr. Karel Bauer
European and Czech Patent and Trademark Attorney
Registered office: Urešova 1266/2, 148 00 Prague 4, Czech Republic
ID No.: 078 91 032
(hereinafter referred to as the “Patent Attorney”)

Introductory Provisions

These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the mutual rights and obligations between the Patent Attorney and the client (hereinafter referred to as the “Client”) in connection with the provision of services in the field of intellectual property. These GTC form an integral part of any agreement for the provision of patent attorney services (hereinafter referred to as the “Agreement”), regardless of whether such Agreement is concluded in written, electronic or other form, including through email communication or confirmed order.

The legal relationship between the Patent Attorney and the Client shall be governed in particular by Act No. 89/2012 Coll., the Civil Code of the Czech Republic, Act No. 417/2004 Coll., on Patent Attorneys, the European Patent Convention (EPC), and applicable legal regulations of the European Union.

Scope of Services

The Patent Attorney provides professional services in the field of intellectual property, including patents, utility models, trademarks, industrial designs and related rights. These services are provided both within the territory of the Czech Republic and internationally, including proceedings before national, European and international authorities such as the Industrial Property Office, the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO).

The Patent Attorney is entitled to engage cooperating professionals, including attorneys-at-law, patent attorneys and foreign or local representatives in relevant jurisdictions, where this is necessary for the proper handling of the Client’s matter.

Formation of Contractual Relationship

The contractual relationship between the Patent Attorney and the Client arises upon the conclusion of the Agreement, including acceptance of an assignment or confirmation of an order, including via email communication.

The Patent Attorney reserves the right to refuse to enter into a contractual relationship, in particular in cases of conflict of interest or insufficient cooperation by the Client.

Fees and Payment Terms

The Patent Attorney is entitled to remuneration for the services provided. The price of individual services or consultations starts from EUR 200 excluding VAT, unless agreed otherwise. The minimum hourly rate is CZK 3,000 excluding VAT, and the final amount of the fee may vary depending on the complexity, time requirements and jurisdiction of the matter.

The minimum billing unit is one hour. The fee may be agreed as an hourly fee, fixed fee, flat-rate fee or otherwise individually negotiated between the parties. The Patent Attorney may request a reasonable advance payment depending on the nature and scope of the services.

Invoices issued by the Patent Attorney are payable within a minimum of 10 days from the date of issuance, with the usual payment term being 30 days, unless agreed otherwise.

Official Fees and Costs

Official fees, administrative charges and other third-party costs are not included in the Patent Attorney’s remuneration. Such costs shall be paid either directly by the Client or re-invoiced to the Client by the Patent Attorney. The amount and timing of such costs are determined by the relevant authorities or third parties.

Client Obligations

The Client is obliged to provide complete, accurate and timely information and documentation necessary for the proper provision of services. The Client is further obliged to monitor communication and respond without undue delay.

The Client bears full responsibility for the correctness and completeness of all materials and information provided to the Patent Attorney.

Obligations of the Patent Attorney

The Patent Attorney shall provide services with due professional care, in accordance with applicable legal regulations and in the best interests of the Client. The Patent Attorney is bound by confidentiality with respect to all information obtained in connection with the provision of services, unless disclosure is required by law.

Deadlines and Responsibility

The Client is responsible for ensuring that all necessary instructions and materials are provided in a timely manner so that statutory and procedural deadlines can be met. The Patent Attorney shall not be liable for missed deadlines caused by delayed or incomplete cooperation by the Client.

In the case of critical deadlines, particularly under international systems such as the PCT or EPC, the Client is required to explicitly confirm instructions and provide timely cooperation.

No Guarantee of Results

The Client acknowledges that the Patent Attorney does not guarantee the grant of a patent, registration of a trademark or design, or any specific outcome of proceedings, as such decisions are subject to the discretion of the competent authorities.

Translations

Where translations are required, these may be arranged by the Client or by the Patent Attorney through third-party providers. The Patent Attorney shall not be liable for the accuracy or completeness of translations prepared by third parties.

Renewal and Maintenance Fees

Unless expressly agreed otherwise, the Client is responsible for monitoring deadlines relating to renewals and maintenance fees. The Patent Attorney is not obliged to monitor such deadlines or notify the Client of their expiry.

Liability

The liability of the Patent Attorney for damages is limited to the amount of the applicable professional liability insurance coverage. To the maximum extent permitted by law, liability for indirect damages, loss of profit or consequential damages is excluded.

The Patent Attorney shall not be liable for damages resulting from incorrect or incomplete information provided by the Client.

Communication

Communication between the Patent Attorney and the Client shall be conducted primarily via email or in writing. Any communication shall be deemed delivered no later than ten days after dispatch.

Communication may be conducted in Czech or English.

Termination

The contractual relationship may be terminated by written notice or withdrawal. The Patent Attorney is entitled to terminate the Agreement, in particular in cases of loss of trust, non-payment or breach of obligations by the Client.

Consumers

If the Client is a consumer, the Client has the right to withdraw from the Agreement within 14 days from its conclusion, unless the provision of services has already commenced at the Client’s request.

Alternative Dispute Resolution

Any disputes between the Patent Attorney and the Client may be resolved out of court through the Czech Trade Inspection Authority.

Final Provisions

These GTC shall become effective upon publication. The Patent Attorney reserves the right to amend these GTC, with the current version always available on the website.

In Prague, dated 6.5.2026

Karel Bauer
Patent Attorney

 

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