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1. Scope

1.1 The following General Terms and Conditions apply to all legal relationships between the patent law firm HUBER & SCHUESSLER, Truderinger Strasse 246, D-81825 Munich, Germany (hereinafter referred to as "Firm") and its clients.

1.2 These GTC apply both to the use of the website www.patservice.de and to all mandates and services provided by the Firm.

1.3 Deviating agreements must be made in writing or in text form (§ 126b BGB).


2. Conclusion of Contract and Mandate Relationship

2.1 A mandate relationship is established by:

- Written mandate agreement
- Personal engagement in the Firm's offices
- Express acceptance of an inquiry via the contact form of the website by the Firm

2.2 The Firm is entitled to reject a mandate application without stating reasons.

2.3 The Firm is not obligated to provide legal advice or other services before a mandate relationship has been formally established.

2.4 The online presence of the Firm does not constitute a legally binding offer, but a non-binding invitation to mandate or contact (invitatio ad offerendum).


3. Services

3.1 The Firm offers specialized services in all aspects of intellectual property, including patents, utility models, trademarks, designs, and copyright.

3.2 The services include:

- Patent protection: Advice and support in filing, defending, and enforcing patents
- Utility model protection: Protection of technical innovations through utility models
- Trademark protection: Strategic advice and comprehensive services for the registration and defense of trademarks
- Design protection: Protection of aesthetic aspects of products
- IP strategy and consulting: Development of tailored strategies to optimize IP portfolios

3.3 The Firm also offers online consultations. These are subject to the same conditions as personal consultations.

3.4 The Firm provides its services to the best of its knowledge and belief on the basis of the information available to it and the current state of legislation, case law, and specialized literature.


4. Fees and Payment Terms

4.1 The remuneration for the services of the Firm is based on individual fee agreements or, if no separate agreement has been made, on the statutory fee schedules for patent attorneys.

4.2 The Firm is entitled to demand reasonable advance payments and to make its services dependent on the payment of such advances.

4.3 Invoices from the Firm are due for payment without deductions within 14 days of the invoice date.

4.4 In case of late payment, interest on arrears amounting to 9 percentage points above the base rate (for consumers: 5 percentage points above the base rate) as well as reminder fees may be charged. The assertion of further damages due to delay remains reserved.

4.5 The client agrees that all third-party costs (such as fees for patent offices, translation costs) may be charged as expenses.


5. Client's Obligations to Cooperate

5.1 The client is obligated to provide the Firm with all information necessary for the processing of the mandate completely and truthfully.

5.2 The client shall promptly inform the Firm of all relevant changes relating to the mandate.

5.3 During the term of the mandate, the client will only contact third parties in the subject area of the mandate in coordination with the Firm.

5.4 The client is responsible for meeting deadlines known to them, unless the Firm has expressly assumed this responsibility.


6. Communication

6.1 Communication between the Firm and the client can take place by mail, telephone, fax, or email.

6.2 Despite all technical precautions, transmission errors or security risks cannot be excluded in the electronic transmission of information. The Firm assumes no liability for damages based on the electronic transmission of data.

6.3 Communication can be conducted in German or English. In case of doubt, the German version of documents is legally binding.

6.4 The client agrees that the Firm may send mandate-related information to them by unencrypted email, unless the client expressly objects to this.


7. Data Protection

7.1 The Firm collects and processes personal data of the client exclusively within the framework of the legal provisions, in particular in compliance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

7.2 The Firm undertakes to treat all knowledge of confidential matters of the client obtained in the context of the contractual relationship as confidential.

7.3 The client agrees that their data may be electronically stored and processed, insofar as this is necessary for the execution of the mandate.

7.4 Further information on data processing can be found in the separate privacy policy, which can be viewed on the Firm's website.


8. Liability

8.1 The liability of the Firm is governed by statutory provisions.

8.2 The Firm maintains professional liability insurance with coverage that meets the statutory requirements. Upon request of the client, the Firm provides information about the scope of the professional liability insurance.

8.3 The Firm is not liable for the consequences of missed deadlines, insofar as the client has not fulfilled their obligation to cooperate in a timely manner.

8.4 No liability is assumed for advice on tax and business management issues, unless these are expressly the subject of the mandate relationship.


9. Website and Online Content

9.1 All images displayed on the website www.patservice.de serve exclusively informative and illustrative purposes. The images were partially generated using Artificial Intelligence (AI) and do not represent real persons, premises, or actual employees of the Firm. Any similarity with real persons or places is coincidental and not intended.

9.2 The Firm does not guarantee the currentness, correctness, and completeness of the information provided on the website. The use of this information is at your own risk.

9.3 The contents of the website are protected by copyright. Any use outside the limits of copyright requires the prior consent of the Firm.

9.4 The Firm endeavors to keep its website virus-free, but assumes no liability for any damages that may be caused by computer viruses.


10. Termination of the Mandate Relationship

10.1 The mandate relationship can be terminated by either party at any time by written declaration.

10.2 The termination of the mandate by the Firm may not occur at an inopportune time, unless there is an important reason.

10.3 After termination of the mandate, the Firm will return all original documents to the client, insofar as these do not have to be retained by the Firm according to legal regulations.

10.4 The Firm is entitled to refuse the release of its documents until it has been satisfied with regard to its fees and expenses, unless the withholding of the documents would be inappropriate under the circumstances.


11. Applicable Law and Jurisdiction

11.1 All legal relationships between the Firm and the client are exclusively governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.

11.2 The place of jurisdiction for all disputes arising from and in connection with the mandate relationship is Munich, insofar as the client is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany.

11.3 The place of performance for all obligations arising from the mandate relationship is the seat of the Firm, unless otherwise agreed.


12. Final Provisions

12.1 Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the legal and economic intention of the contracting parties.

12.2 Amendments or supplements to these GTC must be made in writing or in text form (§ 126b BGB). This also applies to the cancellation of this written form requirement.

As of: March 2025
HUBER & SCHUESSLER
Truderinger Strasse 246
D-81825 Munich, Germany
Tel.: +49 89 437788 0
Fax: +49 89 437788 99
E-Mail: info@patservice.de
Internet: www.patservice.de
Authorized representative: Dr. Andrea Schüßler
VAT ID: DE 219755183