Last Updated:September 13, 2023
The information provided on Collegeofip.com (the "Website") and through our online educational courses is for general informational purposes only. The content is not intended to be a substitute for professional advice or guidance, and it should not be relied upon as such.
No Guarantee of Results
While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Website or provided through our courses. Your use of the Website and reliance on any information is at your own risk.
Educational Purposes Only
The content provided on the Website and through our courses is for educational purposes only. It is not intended to provide specific legal, financial, medical, or professional advice. Any reliance you place on such information is strictly at your own risk. Before making any decisions or taking any action based on the information provided, we recommend consulting with a qualified professional.
Patent & Trademark Licensing Requirements
Only licensed patent practitioners can represent clients in patent matters before the United States Patent and Trademark Office ("Office") and only licensed attorneys can represent clients in trademark matters before the Office. Furthermore, the trademark rules require domicile address for all filers and also requires foreign-domiciled trademark applicants and trademark registrants to have a U.S.-licensed attorney.
In furtherance of the above, please note the following rules regarding patent and trademark representation before the United States Patent and Trademark Office ("Office") and contact a registered patent practitioner or licensed attorney should you have any questions.
Under 37 CFR 1.31:
An applicant for patent may file and prosecute the applicant's own case, or the applicant may give power of attorney so as to be represented by one or more patent practitioners or joint inventors, except that a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner even if the juristic entity is the applicant.
Under 37 CFR 11.5 (Register of attorneys and agents in patent matters; practice before the Office):
(a) Register of attorneys and agents. A register of attorneys and agents is kept in the Office on which are entered the names of all individuals recognized as entitled to represent applicants having prospective or immediate business before the Office in the preparation and prosecution of patent applications. Registration in the Office under the provisions of this part shall entitle the individuals so registered to practice before the Office only in patent matters.
(b) Practice before the Office. Practice before the Office includes, but is not limited to, law-related service that comprehends any matter connected with the presentation to the Office or any of its officers or employees relating to a client's rights, privileges, duties, or responsibilities under the laws or regulations administered by the Office for the grant of a patent or registration of a trademark, or for enrollment or disciplinary matters. Such presentations include preparing necessary documents in contemplation of filing the documents with the Office, corresponding and communicating with the Office, and representing a client through documents or at interviews, hearings, and meetings, as well as communicating with and advising a client concerning matters pending or contemplated to be presented before the Office. Nothing in this section proscribes a practitioner from employing or retaining non-practitioner assistants under the supervision of the practitioner to assist the practitioner in matters pending or contemplated to be presented before the Office.
(1) Practice before the Office in patent matters. Practice before the Office in patent matters includes, but is not limited to, preparing or prosecuting any patent application; consulting with or giving advice to a client in contemplation of filing a patent application or other document with the Office; drafting the specification or claims of a patent application; drafting an amendment or reply to a communication from the Office that may require written argument to establish the patentability of a claimed invention; drafting a reply to a communication from the Office regarding a patent application; and drafting a communication for a public use, interference, reexamination proceeding, petition, appeal to or any other proceeding before the Patent Trial and Appeal Board, or other patent proceeding. Registration to practice before the Office in patent matters authorizes the performance of those services that are reasonably necessary and incident to the preparation and prosecution of patent applications or other proceeding before the Office involving a patent application or patent in which the practitioner is authorized to participate. The services include:
(i) Considering the advisability of relying upon alternative forms of protection which may be available under state law, and
(ii) Drafting an assignment or causing an assignment to be executed for the patent owner in contemplation of filing or prosecution of a patent application for the patent owner, where the practitioner represents the patent owner after a patent issues in a proceeding before the Office, and when drafting the assignment the practitioner does no more than replicate the terms of a previously existing oral or written obligation of assignment from one person or party to another personor party.
(2) Practice before the Office in trademark matters. Practice before the Office in trademark matters includes, but is not limited to, consulting with or giving advice to a client in contemplation of filing a trademark application or other document with the Office; preparing or prosecuting an application for trademark registration; preparing an amendment that may require written argument to establish the registrability of the mark; preparing or prosecuting a document for maintaining, correcting, amending, canceling, surrendering, or otherwise affecting a registration; and conducting an opposition, cancellation, or concurrent use proceeding; or conducting an appeal to the Trademark Trial and Appeal Board.
Reference to any specific products, services, or third-party websites does not constitute or imply endorsement, sponsorship, or recommendation by us. We are not responsible for the accuracy, legality, or content of any external websites linked to or referenced from the Website.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Website or the information provided through our courses. This includes any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure.
Changes to the Website and Courses
We reserve the right to modify, update, or discontinue the Website, the courses, or any part thereof at any time without prior notice. We shall not be liable to you or any third party for any such modifications, updates, or discontinuations.
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the Website or your violation of these terms and conditions.
Governing Law and Jurisdiction
This legal disclaimer shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts of San Diego, California.
If you have any questions or concerns regarding this legal disclaimer, please contact us at [email protected].