What we promise, in plain English.
These are the terms behind "filed on time or free" and the money back plans. Final wording is set by Michael Carey and appears in your engagement letter.
Who is eligible
Protected and Guaranteed are offered only on applications above our patentability threshold, after the paid prior art search. Your attorney decides eligibility and tells you before you choose a plan. [MICHAEL TO FINALIZE]
What "allowed claim" means
At least one independent claim covering the core invention as described in your engagement letter. A claim so narrow that it does not cover the core invention does not count. [MICHAEL TO FINALIZE]
Refile first, then refund
If no claim is allowed within the plan’s scope, we file a free RCE refile first. If that also ends with no allowed claim, Protected refunds 60% of professional fees and Guaranteed refunds 100%. Protected clients may choose the refund instead of the refile. [MICHAEL TO FINALIZE]
Filed on time, or free
Provisional within 3 business days and nonprovisional within 14 days of a complete invention record. If we miss the date, that filing’s professional fee is refunded and we pay any extension fee. [MICHAEL TO FINALIZE]
What voids the guarantee
Withholding known prior art, missing deadlines on your side, rejecting an allowable claim your attorney advised accepting, or moving the matter to other counsel. [MICHAEL TO FINALIZE]
What is never refunded
Government fees, foreign agent fees, translation and other third party costs. Refunds cover professional fees only. [MICHAEL TO FINALIZE]
How to claim
Refunds are triggered automatically when the matter reaches a final state without an allowed claim within scope. You will see the guarantee status on the matter page in the portal. [MICHAEL TO FINALIZE]
Legal basis
A refund tied to outcome is permitted when stated in writing with the percentage (NY Rule 1.5(c); NYSBA Op. 880; 37 CFR 11.105). Milestone payments are held in trust until earned (NY Rule 1.5(d)(4); NYSBA Op. 983).