Terms of Service

Last Updated: February 17, 2026

Please read these Terms of Service ("Terms") carefully before using PatentOpus ("Service", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

IMPORTANT: PatentOpus is not a law firm. We provide patent application preparation services using artificial intelligence technology combined with review by independent USPTO-registered patent practitioners. Nothing on this website constitutes legal advice.

1. Service Description

1.1 What We Provide

PatentOpus offers two distinct services:

Full Service ($549 + USPTO fees): AI-generated provisional patent application, expert review by USPTO-registered practitioner, and complete filing with the United States Patent and Trademark Office.
Draft-Only Service ($299): AI-generated provisional patent application and expert review by USPTO-registered practitioner, without USPTO filing.

1.2 Our Process

Our service utilizes advanced artificial intelligence to draft patent applications based on your invention disclosure. Each AI-generated application is then reviewed and improved by an independent USPTO-registered patent practitioner (attorney or agent) before delivery or filing.

2. User Responsibilities

2.1 Accurate Information

You agree to provide accurate, complete, and truthful information about your invention and all inventors. You are responsible for:

Ensuring all inventors are properly listed
Providing correct contact information
Accurately describing your invention
Correctly identifying your entity status (micro, small, or undiscounted)

2.2 Confidentiality Before Filing

You are responsible for maintaining confidentiality of your invention prior to filing. Public disclosure of an invention before filing may affect your patent rights.

2.3 Review and Approval

You will have the opportunity to review and edit the AI-generated patent application before final submission. By submitting the application, you confirm that you have reviewed it and approve its contents.

3. Practitioner Services

3.1 Independent Practitioners

Patent applications are reviewed by independent USPTO-registered practitioners who are not employees of PatentOpus. These practitioners:

Are licensed to practice before the USPTO
Have decades of combined patent prosecution experience
Provide professional review and improvements to AI-generated applications
File applications on behalf of inventors (for Full Service orders)

3.2 Limited Scope Representation

The practitioner's services are limited to:

Reviewing and improving the AI-generated provisional patent application
Filing the application with the USPTO (Full Service only)

These services do NOT include:

Patentability searches or opinions
Freedom-to-operate analysis
Infringement analysis
Prosecution of non-provisional applications
Responding to USPTO office actions
Ongoing representation beyond the initial filing

3.3 Continuing Representation

After your provisional patent is filed, you have complete freedom to:

Continue working with the practitioner's firm that handled your filing
Choose any other patent counsel of your preference

There is no obligation to continue with any specific practitioner or firm.

4. Pricing and Payment

4.1 Service Fees

All fees are stated clearly on our website:

Full Service: $549 + applicable USPTO filing fees
Draft-Only Service: $299
Processing fees: Stripe payment processing fees are added to your total

4.2 USPTO Fees

USPTO filing fees vary based on entity status:

Micro Entity: $65
Small Entity: $130
Undiscounted Entity: $325

You are responsible for correctly identifying your entity status. Incorrect entity status declarations may result in additional fees or penalties from the USPTO.

4.3 Payment Processing

All payments are processed securely through Stripe. Your payment must be successfully processed before you can access the application creation interface.

4.4 No Refunds

All sales are final. Once you have paid and accessed the application creation interface, no refunds will be provided. This is because:

You receive immediate access to our AI technology
Practitioner review services are allocated upon payment
USPTO filing fees (if applicable) are non-refundable

5. Intellectual Property

5.1 Your Invention

You retain all rights to your invention and patent application. We claim no ownership interest in your invention or patent rights.

5.2 Confidentiality

We maintain strict confidentiality of your invention information. Your invention details are:

Encrypted during transmission and storage
Only accessible to you, our system, and the assigned practitioner
Never shared with third parties except as necessary for USPTO filing
Retained only as long as necessary to provide services

5.3 Our Technology

The PatentOpus platform, website, AI technology, and all related intellectual property remain our exclusive property.

6. Disclaimers and Limitations

6.1 No Guarantee of Patent Grant

IMPORTANT: Filing a provisional patent application does NOT guarantee that a patent will be granted. A provisional patent application:

Establishes a priority date for your invention
Allows you to use "Patent Pending" status
Is valid for 12 months
Does NOT result in a granted patent unless followed by a non-provisional application

6.2 No Legal Advice

PatentOpus does not provide legal advice. While USPTO-registered practitioners review your application, this is not a substitute for comprehensive legal counsel. You should consult with a patent attorney if you need:

Patentability opinions
Freedom-to-operate analysis
Patent prosecution strategy
Licensing or enforcement advice

6.3 AI Technology Limitations

Our AI technology is a tool to assist in drafting patent applications. While sophisticated, it:

Relies on the information you provide
May not capture all nuances of complex inventions
Requires human practitioner review and improvement
Should not be relied upon without your own review

6.4 Limitation of Liability

To the maximum extent permitted by law, PatentOpus and its practitioners shall not be liable for:

Rejection or abandonment of patent applications
Loss of patent rights due to timing or disclosure issues
Errors or omissions in AI-generated content
USPTO processing delays or rejections
Consequential, indirect, or punitive damages

Our total liability shall not exceed the amount you paid for our services.

7. Timeline and Delivery

7.1 Expected Timelines

AI Generation: 2-5 minutes after form submission
Practitioner Review: 2-3 business days
USPTO Filing: Within 3-5 business days of your approval
Filing Receipt: Provided by USPTO (typically 1-2 days after filing)

7.2 Delays

Timelines are estimates. Delays may occur due to:

High volume periods
Complex inventions requiring additional review
USPTO processing times
Technical difficulties

8. Provisional Patent Application Limitations

8.1 12-Month Deadline

CRITICAL: A provisional patent application expires 12 months after filing. To maintain your patent rights, you must file a non-provisional (utility) patent application before the 12-month deadline. Failure to do so will result in loss of your filing date.

8.2 No Amendments

Once filed, a provisional patent application cannot be amended. You cannot add new information after filing.

8.3 No Examination

Provisional patent applications are not examined by the USPTO. The filing receipt confirms filing, not patentability.

9. User Conduct

You agree NOT to:

Provide false or misleading information
Use the service for any unlawful purpose
Attempt to reverse engineer or copy our AI technology
Submit inventions you do not have rights to
Abuse or misuse our platform
Violate any applicable laws or regulations

10. Privacy and Data

Your use of PatentOpus is also governed by our Privacy Policy. By using our service, you consent to:

Collection of invention information and personal data
Processing of your data through our AI system
Sharing of application data with assigned practitioner
Transmission of data to USPTO (for Full Service orders)

See our Privacy Policy for complete details.

11. GDPR and CCPA Compliance

11.1 Your Rights

Under GDPR (for EU users) and CCPA (for California users), you have rights to:

Access your personal data
Request deletion of your data (subject to legal retention requirements)
Correct inaccurate data
Object to processing
Data portability

To exercise these rights, contact: [email protected]

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of the service after changes constitutes acceptance of the modified Terms.

13. Termination

We may suspend or terminate your access to our service if you violate these Terms or engage in fraudulent or abusive behavior.

14. Governing Law

These Terms are governed by the laws of the United States and the state where PatentOpus operates, without regard to conflict of law principles.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected].

15.2 Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PatentOpus regarding use of our service.

18. Contact Information

For questions about these Terms, contact us at:

Email: [email protected]
Website: https://patentopus.com

BY USING PATENTOPUS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.