Re:

[Date]

Page 1

VIA FIRST CLASS MAIL & EMAIL:

Name

Address

Re:

Dear _____:

This letter sets forth the nature and scope of the services we have been engaged to perform for you, the related fee arrangements, and other terms and conditions designed to assure you that our professional services are performed to achieve our mutually agreed upon objectives.

SCOPE OF ENGAGEMENT

You/The Company[identify the client exactly; if an individual, note the individual; if an entity, note the entity],have/has retained [insertname of patent practitioner or firm] to represent You/The Companyin connection with [be specific and narrow in identifying exactly what you are doing; and equally importantly,what you are not doing].

[Strongly consider adding a line such as the following and select items such as those contained within the following list]:

Our representation will include ______.

Our representation willnotinclude ______.

Examples for the above list(s) include:

  1. Conducting patent searches for/regarding [define scope];
  2. Rendering opinions regarding patentability for/regarding [define scope];
  3. Preparing patent applications for/regarding [define scope];
  4. Filing patent applications for/regarding [define scope];
  5. Prosecuting patent applications before the United States Patent and Trademark Office for/regarding [define scope];
  6. Performing Patent Cooperation Treaty filings for/regarding [define scope];
  7. Performing liaison services with other patent attorneys and/or agents [define] registered to practice outside theUSA, related to obtaining or maintaining patent protection,and/or filing patent related documents, in the country or jurisdiction where the other patent attorney oragent is registered to practice [define];
  8. Recording patent assignments or patent licensing agreements for/regarding [define];
  9. Performing patent maintenance filings for/regarding [define]; and/or
  10. Rendering opinions regarding the scope, validity or enforceability of [a defined existing or pending patent] forpurposes of determining whether [certain activities] wouldconstitute actionable patent infringement [you may not be covered for thiswork – check your Insurance Policy];

[List any specific limitations imposed upon you, for example, financial restraints upon you/budgetary considerations, if your ability to make decisions is in fact limited, etc];

[Overall, be as specific as possible – especially if there are certain aspects of representation which are unique,and/or the client advised you that they wished to pursue a certain approach/strategy, etc -- memorialize it all in the engagement letter.]

Fees, Expenses and Billing Practice

We will submit our invoices on a [insert time period] basis for each month during which services are rendered in accordance with the scope of our representation. Our fees will be charged on the basis of [insert specifics – e.g. our time spent working and billed in 1/6 hour intervals, etc]. Our rates are: [detail rates of all persons set to work on the matter].

The cost of our services as outlined above is based on [insert any methodology/rationale]. We estimate that the total amount incurred will be approximately [if known]. We will provide bills [monthly; annually, etc].

[Note that generally the shorter the time period the better; long periods of unbilled time/unaccounted for work creates greater opportunity for potential claimants to “second guess” your prior work when eventually billed and at that point, if you have a large accounts receivable,they will have greater “leverage” against you, since you will have more at stake/more to lose].

If any of the provisions of the aboveagreement are somehow held invalid by statute, rule, regulation, decision, or tribunal or otherwise, the remainder of this agreement shall not be affected, and, to such extent, the provisions of this agreement shall be severable.

This agreement constitutes the entire agreement between us and can be amended only by a written document/addendum signed by both parties.

We appreciate the opportunity to perform the above services for you. If you have any questions regarding the scope of our services or estimated fees, please contact us.

Sincerely,

______

Please indicate your acceptance of the arrangements described above by completing the below and returning the same to me (please keep a copy for your records) – thank you:

______

Signature.

______

Name.

______

Title.

______

Date.

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