Governing the provision of patent prosecution services for industrial acoustics and vibration mitigation machinery under the Canadian Patent Act.
m.m. provides legal services related to the preparation, filing, and prosecution of patent applications before the Canadian Intellectual Property Office (CIPO). The firm’s practice is limited to industrial acoustics and vibration mitigation machinery, including active noise control systems, vibration dampening composites, and related apparatus.
All services are rendered in accordance with the Patent Act, R.S.C. 1985, c. P-4, and the Patent Rules, SOR/96-423. No representation is made that the firm will achieve a particular outcome, including allowance or grant of any patent application.
The client shall provide complete and accurate technical descriptions, drawings, and prior art references for each invention. The client is responsible for disclosing all material information known to be relevant to patentability, including any prior public disclosures or sales of the invention.
The client must promptly respond to correspondence from the firm and from CIPO. Failure to respond within statutory deadlines may result in abandonment of the application. The firm is not liable for any loss arising from the client’s delay or failure to provide necessary instructions.
All patent applications, specifications, claims, and drawings prepared by the firm remain the property of the client upon full payment of fees. The firm retains a non-exclusive, royalty-free license to use anonymized technical data for internal quality improvement and training purposes.
The client warrants that they own or have the right to use all technical information and materials provided to the firm. The client indemnifies the firm against any third-party claims arising from the client’s breach of this warranty.
Fees for services are quoted on a per-matter basis and are exclusive of government filing fees, taxes, and disbursements. Payment is due within 30 days of invoice. Late payments may incur interest at the rate of 1.5% per month.
The firm may suspend work on any matter if fees remain unpaid for more than 60 days. Suspension does not relieve the client of the obligation to pay outstanding amounts. The firm is not responsible for any deadline missed during a suspension period.
The firm’s liability for any claim arising from its services is limited to the amount of fees paid by the client for the specific matter giving rise to the claim. In no event shall the firm be liable for consequential, incidental, or special damages, including loss of patent rights, lost profits, or business interruption.
This limitation does not apply to liability that cannot be excluded under applicable law, including fraud or gross negligence. The client acknowledges that patent prosecution involves inherent uncertainty and that no guarantee of patent grant is made.
The firm will maintain the confidentiality of all client information in accordance with the rules of professional conduct applicable in the jurisdiction. Information may be disclosed to employees, contractors, and agents who need it to perform services, provided they are bound by confidentiality obligations.
The firm may disclose information if required by law, court order, or regulatory authority. The client consents to the firm’s use of secure electronic communication channels, including email, for the transmission of confidential information.
Either party may terminate the engagement for any matter by providing 30 days’ written notice. Upon termination, the client shall pay all fees and disbursements incurred up to the effective date. The firm will deliver all client files and materials within a reasonable time after payment.
The firm may terminate the engagement immediately if the client fails to comply with these terms, including non-payment or breach of confidentiality. Termination does not affect any rights or obligations that have accrued prior to the effective date.
These terms may be amended by the firm at any time. Amendments will be communicated to the client in writing at least 30 days before they take effect. Continued use of the firm’s services after the effective date constitutes acceptance of the amended terms.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
For questions regarding these terms or to request a copy of the firm’s privacy policy, contact: