Please Read These Terms Carefully Before Proceeding.
- By making a patent/application submission through our website you (“You,” “Your,” or “Yourself”) agree to the terms herein.
- You represent that you are the sole owner of any patents or patent applications identified in the Submission (“Patents”), or you are making this Submission and agreeing to its terms on behalf of Yourself and as a properly authorized agent of the owner(s) of such Patents.
- You agree that Patent Shelter and its affiliates (“we,” “us,” or “our”) will not be required to treat any part of the Submission Materials (including without limitation any submitted unpublished patent applications) as confidential or protected by copyright.
- The Submission Related Materials will not constitute notice to, or knowledge by, us of any patent or claim of patent infringement for the purpose of willful infringement, the inducement of infringement, or any increased damages or any notice of infringement under applicable Indian laws or regulations. You will not use, and waive any right to use, the Submission Materials, and any consideration or analysis by us of the Submission Related Materials, in any judicial, administrative, or other proceeding as evidence for any purpose, including as evidence of, or otherwise in support of showing or establishing, any such notice or knowledge under applicable law. Before terminating the negotiation/transaction activity or our association, you need to send a written notice.
- You acknowledge that neither party is obligated to enter into any business transaction as a result of the Submission, and neither party acquires any intellectual property rights under this agreement. This agreement does not create any agency or partnership relationship. This agreement is not assignable or transferable by either party without the prior written consent of the other party. Any amendments must be in writing signed by both parties.
- Patent Shelter and the affiliates are not interested in any patents subject to a terminal disclaimer However, because of the ramifications of splitting the ownership of terminally disclaimed patents, if you do submit a patent asset that is terminally disclaimed, we consider that an offer to sell us that patent as well as all other assets relevant to the terminal disclaimer at the amount you indicate in your submission.
- With respect to any submission, you must have the full authority to sell the asset, either as the owner or as someone fully empowered by the owner with the authority to sell the asset. While we reserve the right to refuse to transact for any reason, we obviously will not be willing to transact absent satisfactory confirmation on this point.
- Once you submit a patent to the patent shelter portal, you are obligated to transact with our buyer partners at the amount or in the range you have indicated in your submission. Price offered from the other side may differ you’re your amount indicated and you will be asked before any transaction activity. During the Submission and Review period, if you sell your submitted patent to any other party or enter into any further encumbrances relating to your submission, you should notify us in written.
- Submissions of patents to us through this process do not serve as notice to us or provide knowledge to us of such patent for any purpose (including, e.g., assertions of willful or indirect infringement). Any party submitting through this process agrees to waive any such argument with respect to such patents.
- We will take reasonable steps to keep all submissions confidential. You will also need to provide us with a list of any enforcement activities relating to the patent (e.g., any active enforcement proceedings). Also, you will also need to provide us a list of currently active disputes involving your patent (e.g., any ownership disputes, etc.)
- Is a successful transaction is facilitated between the asset owner and our buyer partner though our portal, we as a owner of patent shelter portal will be entitled from a commission fee of 10% of total revenue generated through the sale.
Definition. "Submission Materials" means (a) the Submission of patent/patent application assets and any other information You provide as part of Your Submission, (b) any preceding or subsequent submissions, correspondence, negotiations or discussion between You and us related to the Submission prior to Termination, and (c) our independent review of information related to the Submission.
Note -
- You are free to make multiple submissions entry at the same time.
- As part of the submission process, you will need to agree to certain terms and conditions (mentioned above) in order for Patent Shelter and affiliates to evaluate your patent for potential transaction.
- Definition of your name - That is, the name of the person who is making the submission. This should either be the owner of the patent (if owned by an individual) or someone with the authority to sell the patent (if owned by a company).
- Definition of Company name - If the patent is owned by a company, please indicate the company’s name. If the patent is owned by you (i.e., as an individual), you can simply input “Individual.”
- Definition of your address. - If the patent owner is a company, the company address; Otherwise your personal address.
- Definition of your email address - This is very important because this is the ONLY way we are going to communicate with you. We request you to provide the email address which is correct and monitored regularly by you.
Assuming all the above is in order and assuming Patent Shelter is comfortable with the follow-up materials you’ve provided, you are encouraged to submit the details. We expect that participants with accepted submissions will provide the related and supporting documents as well.
Please note, however; that under no circumstances can we provide you with any legal advice (and, as we stressed above, you can always consult with a lawyer before proceeding.