Legal Disclaimer:

patHUBlatam is a patent filing and translation administrative service company. We are by no means a legal consultant firm and do not provide legal advice or draft patent, trademark or design applications. Despite having patent attorneys and highly experienced paralegals on our team, we nevertheless only administer secondary filings of PCT national-phase and Paris Convention patent applications. We also process English to Spanish and/or Portuguese translation of any related document. When filing is complete, or when you close a case with patHUBlatam, you may then correspond and work directly with our preferred local agents or your preferred agent. At that point, patHUBlatam will no longer be responsible for prosecution, and you will be billed normal market rates by your agent.

This site belongs to patHUBlatam LLC, and its subsidiaries and affiliates (individually and collectively, “patHUBlatam”).

Please read these Terms and Conditions carefully. By accessing this site and any of its pages you agree to be bound by the terms below. If you do not agree to these Terms of Use, do not access this site or any of its pages.

Terms and Conditions

1. In order to register and be able to use the patHUBlatam site, you must first authorize patHUBlatam to process your personal data on your behalf or on behalf of your employer, or by whom your are authorized to manage the services provided herein.

2. PCT information is retrieved from the European Patent Office database. Some information might not be entirely accurate. Users must verify all information and change any information on the platform that might differ from her records.

3. When requesting estimates using the patHUBlatam Real-Time Quote tool, deadlines showing are not actual patent office deadlines. Our deadlines are 5 calendar days away, allowing room to make last-minute adjustments before filing.

4. When only quoting filing with less than 5 calendar days from the actual filing date, the filing spec can be filed in English in Argentina, Brazil and Chile. For filings in Argentina, if you wish to only pay for filing at this time, you will need to provide an Argentina-sworn Spanish translation to be submitted 10 days after filing. For filings in Brazil, a simple Portuguese translation must be submitted 25 days post-filing. For filings in Chile, a simple Spanish translation must be submitted 25 days post-filing. Failure to do so will result in abandonment. All other countries do not allow filing in English with subsequent post-filing translation submission.

5. When quoting filing with Spanish and/or Portuguese translation with less than 5 calendar days from the actual filing date, the filing spec can be filed in English in Argentina, Brazil and Chile. In this case, patHUBlatam will submit all corresponding translation projects post-filing at an additional cost quoted inside our Real-Time Quote tool. This service is coined Post-Filing Translation Submission.

6. Our platform splits total government filing fees in two:

 

· The official filing fee corresponds solely to the basic filing fee for filing a Convention or PCT-national phase application before each patent office, but may also include a first annuity fee and/or a publication fee, depending on the country.

· Miscellaneous fees include all other fees due at filing. These differ greatly from country to country and may include additional claims, additional specification sheets, first annuity, and/or additional priorities.

 

7. The Real-Time Quote tool will show government fees split as mentioned in term 4. However, all billing statements will itemize in detail all government fees included in both the official fees and miscellaneous fees shown on the platform.

8. A Spanish and/or Portuguese translation must be provided for filing. If you require patHUBlatam to perform translation, the source document must be in English. You may submit third-party translation product upon filing.

9. If Drawings exist, you must submit them with filing.

10. Please edit wordcounts if they differ from EPO information.

11. Same Spanish translation may be used in all Spanish-speaking jurisdictions. Hence, you will not be billed twice for the same Spanish translation product to be used in two or more Spanish-speaking countries.

12. Although a PoA is not mandatory upon filing in order to obtain a filing date and number, bear in mind it will be required in most countries at or before 45 days post filing.

13. All 18 countries patHUBlatam provides service in, do not require submitting a PoA with filing. However, if patHUBlatam is still managing a case right after filing, or if a PoA was submitted with filing, patHUBlatam will always only require one single general or specific PoA that will be sufficient for the entire region. patHUBlatam will then be responsible for prosecuting specific PoAs in each country with all corresponding legalization, if required.

14. When submitting a PoA, no legalization nor apostille is required thereof.

15. Our extended warranty (EW) service includes monitoring projects post-filing in each selected jurisdiction until publication, or in the event any formalities action surfaces beforehand, prompting the client to close and transfer the case to selected counsel.

16. patHUBlatam allows purchasing one (1) EW period when quoting a project. After purchasing the project with a first EW period, and once said period is up, a second EW period may be purchased. A total of two (2) EW periods can be purchased for a given project. All EW periods last 12 months for all countries.

17. Please upload only English/Spanish/Portuguese versions of priority(ies) and assignment(s). If Spanish and/or Portuguese translation is required, please upload source documents in English.

18. When quoting priority document and assignment translation and/or handling, country, priority numbers and assignment references are optional. However, if the quote becomes a project, this information will be required for filing.

19. Client may purchase priority document and assignment translation. This will include handling and submission thereof. If client elects only handling of priority document(s) and assignment(s), she will need to provide patHUBlatam the third-party translation of said documents. If client elects to manage all priority document and assignment translation and handling, she will need to submit all necessary documentation post-filing directly to the corresponding Patent Office.

20. patHUBlatam can initiate translation of priority documents using editable versions of non-certified priority documents. For certification of said documents, scanned copies of certified priority documents and assignments will be necessary.

21. Priority document and assignment handling is understood as all tracking, receiving and filing of priority and assignment documentation before the Patent Office in each selected country. Handling does not include international courier forwarding to selected countries. Forwarding costs shall be covered entirely by the client.

22. A single Spanish priority translation is used for all jurisdictions (*except Brazil, which requires a simple Portuguese translation). However, for non-PCT countries, sworn translation certification is required on a per country basis, and only Argentina, Uruguay, Paraguay and

Venezuela require said certification. Bolivia only requires a simple Spanish translation of priority documents.

23. All cost estimates are time sensitive. Translation costs may increase upon decreasing turnarounds. When quotes lapse for any reason, you will need to restart the quote process.

24. When quoting a specific filing project, if a similar project was quoted and purchased, patHUBlatam will not allow the new project given the conflicting project overlap. For example, if client A purchases a PCT WO filing in Mexico, client B will be blocked from purchasing the same PCT WO in Mexico and Brazil.

25. A 70% priority translation discount is applied when translation of the filing specification is quoted. If the filing specification translation is not quoted but only translation of priority documents is, priority translation will be billed at standard translation pricing.

26. Users are entirely responsible for inputting correct information onto the platform including word counts, number of drawings, priority numbers, inventor names, addresses, among other sensitive information. patHUBlatam is not liable for any incorrect, missing, misspelled, or inaccurate information provided.

27. All quotes are shown in green inside the cart. If a quote is removed from cart, it will be automatically saved on the Saved Quotes section. User may send any quote back to cart if she wishes to purchase.

28. When purchasing, client will need to purchase all items in cart. If only one item is needed, client will have to remove all others. All removed items will be saved in the Saved Quotes section.

29. If quotes lapse or deadlines are missed, client will not be allowed to purchase. Client must remove quote from cart and/or the Saved Quotes section and start a new quote all over again.

30. All amounts are in United States of America dollars (USD).

31. During checkout, please review and confirm all billing details. If purchasing for the first time, a Contact Information window will appear prompting client to fill in all necessary information. If services need to be billed to a third party, user may be able to do so accordingly.

32. When checking out, please follow all instructions on the PayPal portal, either using a PayPal account or credit card. When payment is complete, patHUBlatam will immediately redirect client to the All Projects client dashboard.

33. Client will receive a PHL number via email indicating the reference to all projects paid in one PayPal transaction.

34. Upon client checkout, a patHUBlatam quote number will become a patHUBlatam project number. patHUBlatam quote numbers (those having a Q prefix) will become patHUBlatam project numbers without the prefix Q but still keeping the same reference number. These will appear on each client’s dashboard (All Projects).

35. Client files will be stored in the patHUBlatam system as long as they remain active. Upon closing cases, files will remain in the patHUBlatam docket/dashboard for thirty (30) days. After said thirty (30) days are up, all files in closed cases will be destroyed.

36. Failure to fill out, complete and submit all necessary information and documentation for filing and/or translation will result in the project being closed. A 30% administrative fee will be withheld on all payments made. The balance will be returned using the PayPal platform provided on site. All transaction fees will be covered by the client.

37. If client has not purchased any extended warranty after filing, or no post-filing activity is pending, client will have five (5) business days to purchase additional services before the platform automatically closes the project. Should the client wish to continue prosecution and avoid abandonment, she should select local counsel.

38. If a sequence listing and/or certificate of biological material is available, please select option, and upload said files.

39. A user will always have a certain time window to input, edit and complete all project information and upload, change, and delete all required documentation as deemed necessary. Upon time expiration of this time window, users will be prompted to do so by a series of reminders and warnings. If said reminders are not heeded, the platform may automatically close the case and consider it abandoned.

40. When actively closing a file in each country for a given project (single- or multi-country project), user will be prompted to select one of three available options. Upon selecting an option, user will receive a confirmation email with instructions and recommendations.

41. When client wishes to close case definitively and transfer to agent of choice or abandon, the patHUBlatam country agent will be given instructions to withdraw standing PoA.

42. patHUBlatam accepts no responsibility for errors or delays perpetrated by national patent authorities or other authorities.

Intellectual Property Rights

All intellectual property rights to this site belong to patHUBlatam. You do not have the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, reverse engineer, transfer, or sell any patHUBlatam intellectual property.

Limitation of Liability

Under no circumstances, including negligence, will patHUBlatam be liable for special or consequential damages that result from the use or inability to use this site.

Changes to these Terms and Conditions

These Terms and Conditions may be updated from time to time.

Governing Law

Use of this site shall be governed by all applicable US federal and state laws.