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CopyVault Insurance Program Terms and Conditions

Effective Date: September 1, 2025

These Terms and Conditions ("Terms") govern the CopyVault Insurance Program ("Program"), offered by CopyVault IP Services LLC ("CopyVault," "we," "us," or "our"). The Program provides insurance coverage for eligible clients ("you" or "Client") seeking reimbursement of certain fees associated with patent applications in the event of a final rejection by the relevant patent office. By enrolling in the Program, you agree to these Terms. If you do not agree, do not enroll or use the Program.

1. Program Overview

The CopyVault Insurance Program is designed to mitigate financial risks for clients filing utility, design, or plant patent applications through our affiliated patent agents or attorneys. Subject to these Terms, we guarantee a refund of eligible fees, including government filing fees, if your patent application receives a final rejection and is not granted. This Program does not guarantee patent approval, as patent offices (e.g., USPTO, UKIPO, EPO) do not offer such assurances, and rejections are a standard part of the examination process.

The Program is optional and available as an add-on to our patent filing services. Enrollment requires payment of a separate insurance premium, calculated as 15-25% of the total estimated patent filing costs (agent fees + government fees), depending on the invention's complexity and jurisdiction.

2. Definitions

  • Eligible Application: A new, non-provisional patent application (utility, design, or plant) filed in the USA (USPTO), UK (UKIPO), or EU (EPO) through CopyVault's services.
  • Final Rejection: A decision by the patent office (e.g., Final Office Action from USPTO) that rejects all claims, after which no further amendments are permitted without appeal, and the application is abandoned or deemed unpatentable. This does not include provisional rejections, non-final office actions, or restrictions that can be overcome through amendments or responses.
  • Eligible Fees:
    • Government fees: Filing, search, examination, and issuance fees paid to the patent office.
    • Agent/Attorney fees: Fees paid to CopyVault or our affiliates for drafting, preparing, and filing the application (excluding optional services like appeals or international filings).
  • Refund: Reimbursement of up to 100% of Eligible Fees, less the insurance premium and any deductibles.
  • Insurance Premium: The non-refundable fee paid to enroll in the Program.

3. Eligibility

To qualify for the Program:

  • You must be a client of CopyVault's patent filing services and enroll in the Program at the time of application submission.
  • The application must be for an original invention (no continuations, divisionals, or reissues unless pre-approved).
  • You must provide complete, accurate, and truthful information during the application process, including prior art disclosures.
  • The invention must pass our initial patentability assessment (e.g., novelty search) with a "medium" or higher likelihood of success rating.
  • Exclusions apply (see Section 5).

Small entities, micro-entities, or individuals may qualify for discounted premiums, aligned with patent office entity status rules.

Ineligible clients include those with prior rejected applications for similar inventions or those flagged for potential fraud by patent offices.

4. Coverage

  • Refund Guarantee: If your Eligible Application receives a Final Rejection and is not granted within 36 months from the filing date (or the standard examination period in the jurisdiction, whichever is longer), we will refund 100% of Eligible Fees upon successful claim approval.
  • Inclusion of Government Fees: Unlike standard patent office policies (where fees are generally non-refundable), this Program covers reimbursement of paid government fees as part of the Refund.
  • Maximum Coverage: Refunds are capped at $25,000 USD (or equivalent in GBP/EUR) per application. For complex inventions (e.g., biotech or software), coverage may be limited to 80% of Eligible Fees.
  • Additional Benefits: During the examination process, the Program includes one complimentary response to a non-final office action (up to $2,000 value). If an appeal is recommended, we offer discounted appeal services (not covered by the Refund).

Coverage begins upon enrollment and payment of the Insurance Premium and ends upon patent grant, Final Rejection, or application abandonment.

5. Exclusions and Limitations

The Program does not cover:

  • Applicant Fault: Refunds are denied if the rejection results from your failure to respond to office actions within deadlines, provide required information, or disclose known prior art.
  • Fraud or Misrepresentation: Any intentional misrepresentation, fraud, or violation of patent laws (e.g., claiming non-novel inventions) voids coverage.
  • Appeals and Post-Rejection Actions: Costs for appeals, requests for continued examination (RCE), or re-filings are not covered unless separately purchased.
  • Partial Rejections: Coverage applies only to full Final Rejections; allowances of some claims do not qualify.
  • Jurisdictional Limits: Excludes applications filed outside USA, UK, or EU, or under PCT/international routes unless validated in covered jurisdictions.
  • Force Majeure: Delays or rejections due to events beyond our control (e.g., patent office backlogs, changes in law, or global events).
  • Third-Party Fees: Fees for independent searches, drawings, or non-CopyVault services.
  • Deductible: A $500 deductible applies to all claims.

We reserve the right to deny coverage if the application is deemed high-risk during our assessment.

6. Claim Process

  1. Notification: You must notify us in writing within 30 days of receiving a Final Rejection notice.
  2. Submission: Provide supporting documents, including the rejection notice, application file history, and proof of all Eligible Fees paid.
  3. Review: Claims are reviewed within 60 days. We may consult independent experts or require additional information.
  4. Payment: Approved Refunds are issued via the original payment method within 30 days of approval, less any deductible or adjustments.
  5. Disputes: If a claim is denied, you may appeal internally within 14 days. Unresolved disputes proceed to arbitration (see Section 9).

7. Premium Payment and Cancellation

  • The Insurance Premium is due at enrollment and is non-refundable.
  • You may cancel enrollment within 14 days of payment for a full premium refund, provided the application has not been filed.
  • No refunds for premiums if the application is withdrawn or abandoned before examination.

8. Representations and Warranties

You represent that:

  • All information provided is accurate.
  • The invention is original and not previously disclosed publicly.
  • You will cooperate fully during the application and claim processes.

CopyVault makes no warranties beyond the Refund Guarantee and disclaims implied warranties of merchantability or fitness for a particular purpose.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Any disputes arising from the Program shall be resolved through binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association. You waive the right to class actions.

10. Amendments and Termination

We may amend these Terms with 30 days' notice via email or our website. Continued use constitutes acceptance. We may terminate the Program at any time, but existing enrollments will be honored.

11. Contact Information

For questions or claims:

WizeIP Email: support@wizeip.com

By enrolling, you acknowledge having read and understood these Terms. This Program is inspired by industry practices for intellectual property risk management but is not affiliated with any patent office. Patent filing involves inherent risks, and approval is never guaranteed. Consult a qualified attorney for legal advice.