General Terms and Conditions

General Terms and Conditions (GTC) of Patai GmbH As of: May 2024

1. Scope and Subject Matter of the Contract

1.1. Patai GmbH (hereinafter referred to as the "Platform Operator") operates a platform at www.patai.ch that connects inventors (hereinafter referred to as "Users") and qualified patent attorneys (hereinafter referred to as "Experts").

1.2. These GTC govern the use of the platform as well as the referral of invention disclosures.

1.3. The Platform Operator does not provide legal advice itself under the Patent Attorneys Act, unless the subsidiary provision under Section 8.2 of these GTC applies.

1.4. Disclaimer: Using the platform or submitting invention disclosures does not establish an attorney-client relationship between the User and the Platform Operator. Such a relationship is created exclusively through a separate agreement directly between the User and their chosen Expert, either outside of or subsequent to using the platform.

2. Registration and Verification

2.1. Using the platform requires registration. First name, last name, email address, and phone number will be collected.

2.2. Experts: To ensure quality, Experts will only be activated after verification by the Platform Operator. This process includes a video call and a review of their admission to the relevant bars or regulatory bodies (e.g., CPATA, USPTO, IPReg, EPA, etc.).

2.3. There is no entitlement to admission or access to the platform.

3. Services for the Inventor (User)

3.1. Registration and the submission of up to five (5) invention disclosures per calendar year are free of charge.

3.2. If this quota is exceeded, the Platform Operator reserves the right to arrange individual pricing models with the User.

3.3. The Platform Operator guarantees that invention disclosures will only be shared with an Expert after they have been successfully verified (Section 2.2).

3.4. The Platform Operator acts as a neutral entity. The User always retains the free choice of which Expert they want to work with.

4. Services for Patent Attorneys (Experts)

4.1. Freemium Model: Registration and inclusion in the directory are free of charge. Experts on the free plan receive a preview of invention disclosures and the newsletter.

4.2. Premium Model: To actively respond to invention disclosures, provide feedback, or submit offers, a paid subscription is required.

4.3. Communication between the Expert and the User takes place via the platform's internal chat system until a contract is finalized. Once a collaboration has been agreed upon, all further processing takes place outside the platform.

4.4. Conflict Check: Before viewing the full details of an invention disclosure, the Expert is required to perform an independent conflict-of-interest check (Conflict Check) based on the provided short preview. If a conflict exists, the Expert must not access the full data.

5. Subscription, Fees, and Payment Processing

5.1. Subscriptions for Experts can be concluded for terms of 1 month, 3 months, or 12 months.

5.2. The notice period for cancellation is 14 days before the end of the respective subscription term. If no timely cancellation is made, the subscription automatically renews for the originally selected term.

5.3. Individual contracts and conditions can be agreed upon in writing between the Expert and the Platform Operator.

5.4. Payment Terms: Payment for subscriptions or processing fees is handled via the payment methods offered on the platform (e.g., credit card, Stripe, PayPal, or invoice). Unless stated otherwise, all fees are subject to the applicable statutory value-added tax (VAT).

6. Allocation of Invention Disclosures

6.1. The Platform Operator decides on the allocation of invention disclosures to Experts at its own discretion. The criteria for this include the Expert's specialization as well as any specific wishes of the User.

6.2. As a rule, an invention disclosure is shared with at least three (3) Experts, unless the User explicitly requests an exclusive or restricted referral.

7. Review for Serious Intent and Right of Withdrawal

7.1. The Platform Operator reserves the right not to forward invention disclosures if they lack sufficient serious intent.

7.2. If the User nevertheless explicitly requests an Expert opinion, a processing fee of 50.00 EUR to 100.00 EUR may be charged. This fee can be refunded upon request if a successful match is made.

7.3. Right of Withdrawal for Consumers: If the User is acting as a consumer, they are entitled to a statutory 14-day right of withdrawal. When using paid services (e.g., the processing fee), the User explicitly agrees that the Platform Operator will begin executing the service before the end of the withdrawal period, and that the right of withdrawal expires once the Operator has fully performed the service.

8. Subsidiary Processing and Partner Referral

8.1. If no Expert responds to an invention disclosure within three (3) business days, the Platform Operator is entitled to have the invention disclosure processed by internal patent attorneys or forwarded to external partner patent attorneys.

9. Exclusion from the Platform

9.1. The Platform Operator can exclude Experts or Users from the platform if there is a compelling reason to do so.

9.2. In the event of an exclusion, any amount already paid for the remaining term of the subscription will be refunded pro rata temporis (proportionately) upon request.

10. Confidentiality, Rights, and Data Protection

10.1. All employees and partners of Patai GmbH are contractually bound to confidentiality.

10.2. The Platform Operator will sign a separate NDA at the User's request.

10.3. Only Experts who are already bound to confidentiality by professional codes of conduct are admitted to the platform.

10.4. Guarantee of Rights: By uploading an invention disclosure, the User warrants that they are the lawful creator of the invention or possess the unrestricted rights to share this information on the platform for matchmaking purposes. The User indemnifies the Platform Operator against any third-party claims resulting from a violation of these rights.

11. Limitation of Liability

11.1. The Platform Operator is only liable for proper matchmaking and the operation of the platform, but not for the quality or content of the advice provided by the Experts.

11.2. An independent attorney-client relationship is established between the User and the Expert outside of the platform.

12. Liability for External Links and Third-Party Providers

12.1. The platform may contain links to external third-party websites, partner offers, or advertisements. The Platform Operator has no influence over the current and future content or design of these external offers.

12.2. The inclusion of a link or advertisement does not imply that the Platform Operator adopts or endorses the underlying content. The respective provider or operator of those linked pages is always responsible for their content.

12.3. The Platform Operator assumes no liability for the legality, accuracy, or completeness of third-party content, nor for their compliance with data protection regulations. Use of such links is at the User's own risk.

13. Final Provisions

13.1. The laws of the Swiss Confederation shall apply.

13.2. The place of jurisdiction for all disputes arising from this contract is the registered seat of Patai GmbH.