Terms of Engagement

1. Fees
Our professional fees are based on a flat hourly rate. No mark-up is applied. A number of procedural matters which would not normally require professional attention attract a fixed charge. Clients will also be held responsible for disbursements incurred in pursuance of their instructions, including Patent Office fees, associates fees, counsels fees and search costs. VAT will be added at the current rate. Fee notes will be issued at appropriate intervals.

2. Retainer
In common with many professionals we work on a retainer basis. When appointed, we have a legal duty to act in the clients interests and to pass on any information received on their behalf. We often turn away work which might result in a conflict of interests. We shall not incur unnecessary costs, but we are entitled to charge for any time spent furthering a clients interests, including time spent dealing with telephone enquiries.

3. Termination of Retainer
Our retainer may be terminated in writing and will operate from the date of receipt. A fee note will be rendered for any outstanding charges.

4. Our Principal
We only accept instructions from one principal. Instructions are accepted on behalf of a third party only on the basis that the instructing principal will be responsible for our charges.

5. Estimates
Estimates of fees will be provided on request. We shall endeavour to keep to estimates wherever possible, but we reserve the right to charge for any work not originally accounted for.

6. Payment terms

• Payment becomes due on date of Invoice.
• Strictly 14 days for settlement.
• Interest will be charged on late payments.
• A minimum charge of £30 plus VAT will be rendered for re-presented cheques.
• Any query must be submitted in writing within 7 days. Failure to do so will be deemed acceptance of the charges.
• Payments accepted by BANK TRANSFER (wire) or CHEQUE drawn in UK currency (GBP).

7. Telephone Advice
Any advice given or view expressed by telephone should only be regarded as a preliminary opinion. No action should be taken without obtaining a written opinion given after a full consideration of the facts. Clients must supply any information in their possession or knowledge which may have a bearing on our subsequent opinion.

8. Copyright
We expressly reserve the copyright in all letters, patent specifications, legal opinions and other documents issued by us. We permit clients to copy such documents for their own use, but ONLY after our professional fees have been paid in full.

9. Deadlines
Please note any deadlines indicated in our letters. Failure to meet deadlines may result in loss of rights or incur additional costs. If we do not receive instructions in due time we shall take that as an implicit instruction NOT to act.

10. Confidentiality
Any information which might reasonably be expected to be of a confidential nature will be treated as such. Information and materials supplied to us will be kept under conditions of normal office security. It shall not be regarded as a breach of confidence to forward technical information to any Patent Office or to our employees or agents for the purpose of furthering the clients interests. The duty of confidentiality shall not extend to information which is freely available from other sources (e.g. a published patent specification).

11. Return of Samples and Documents
The return of any samples or documents must be requested in writing within thirty days of receipt by us. Materials not so requested will be retained by us for as long as we require them and then disposed of at our discretion.

12. Our Files
The contents of our files will remain our property at all times. Files may be destroyed an appropriate period after the file is closed.

13. Transfer of Agency
When instructed to transfer work to another agent we are normally willing to make the contents of our files available to the new agent, provided no professional fees are outstanding. We reserve the right to withhold any documents which we regard as confidential. To cover our handling costs, we charge a minimum transfer fee of £75 per file, which must be paid in advance.

© Craske & Co., 1998

Last updated: 15 January 2005