Terms and conditions

Data Protection

The provider explicitly points out that the data transfer on the Internet  (e.g. for communication by e-mail) can have security gaps  and cannot be seamlessly protected from access by third parties.

The use of the contact data of the Imprint for commercial advertising is explicitly not desired unless the provider previously had written permission or a business relationship already exists. The provider and all persons named on this website hereby object to any commercial usage and the transfer of their data.

Personal Data
You can visit our website without providing personal data. If personal data are collected on our pages (such as name, address or e-mail address), this occurs on a voluntary basis if possible. These data are not passed on to third parties without your explicit permission. If a contractual relationship is justified between you and us, should be designed or modified in terms of content or you have a query for us, we collect and use personal data from you if this is required for these purposes (master data). We collect, process and use personal data if this is required in order to allow you to take advantage of the web offering (usage data). All personal data are only saved as long as this is required for the aforementioned purpose (processing your query or handling of a contract). Here, storage requirements under tax and commercial law are taken into account. Upon request of the relevant entities, in individual cases we can provide information on these data (master data) if this is required for the purposes of prosecution, preventing risks, to meet the legal tasks of the constitutional protection authorities or the Military Intelligence Service or to implement the rights to intellectual property.

Comment Functions
We collect personal data as part of the publication of content of a comment on an article or contribution only in the scope as they are communicated by you. When publishing a comment, the e-mail address you indicate is saved but not published. Your name is published if you have not written under a pseudonym.

Newsletter
By voluntarily entering your e-mail address for our newsletter and the confirmation of this by a double opt-in process, you state your agreement that you would like to receive our e-mail newsletter. You can opt out of this use of your e-mail address at any time without other costs occurring other than the transmission costs according to the basic rates. You can unsubscribe from the newsletter at any time. Each e-mail has an “Unsubscribe” link. It is sufficient to indicate an e-mail address to receive the newsletter. Additional voluntary information is only used to personalize the newsletter.

Data Protection Statement for Cookies
What is known as cookies are used to recognize the multiple usage of our offer by the same user. Cookies are small text files that your Internet browser provides on your computer. If you want to access our page again, provide this cookie information in order to automatically re-recognize you. The information obtained in this manner is used to optimize our offerings and to allow you easier access to our site.
You can generally prevent saving cookies on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this can result in the limitation in function of our offerings.

Data Protection Statement for the Facebook Plugin (“Like”)
This website uses a plugin by the provider Facebook.com, which is provided by the company Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304 USA. We wish to point out to users of our website, on which the Facebook plugin is installed (“Like” button) that a connection to Facebook is created through the plugin, wherein a “transfer to your browser” is performed so that the plugin appears on the website.
Furthermore, data are passed to the Facebook server through usage that contain information about your visits on our website. For logged-in Facebook users, this means that the usage data are assigned to your personal Facebook account.
As soon as you, as a logged-in Facebook user actively use the Facebook plugin (e.g. by clicking on the “Like” button or using the comments function), these data are transferred to your Facebook account and published. You can circumvent this only by previously logging out from your Facebook account.
Please see Facebook’s data protection provisions for other information regarding data usage by Facebook [here].

Data Protection Statement for the Web Analysis Service Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses what is known as “Cookies”, text files that are saved on your computer and which allow an analysis of your website usage. The information generated by the cookie on your usage of this website is usually transferred to a Google server in the US and saved there. We have activated IP anonymization. On this website, your IP address is therefore previously abbreviated by Google within member states of the European Union or in other contractual states of the Agreement on the European Economic Area. The full IP address is only transferred to a Google server in the US in exceptional cases and is abbreviated there in exceptional cases. On behalf of the operator of this website, Google will use this information to assess your usage of the website, to compile reports about website activities and to perform other associated with website usage and Internet usage in relation to the website operator. The IP address transferred from your browser as part of Google Analytics is not combined with other Google data. You can prevent saving cookies with an appropriate setting of your browser software; however, we wish to point out that, in this case, you may not be able to fully use all functions of this website. Therefore, you can prevent the collection of the data generated by the cookie and data related to your usage on the website (including your IP address) to Google as well as the processing of this data by Google  y downloading and installing the browser plugin with the following link: [Link]

Data Protection Statement for the Web Advertising Service Google Adsense
This website uses Google Analytics, a web advertising service of Google Inc., USA (“Google”). Google Adsense uses what is known as “Cookies”, text files that are saved on your computer and which allow an analysis of your website usage. Google Adsense also uses what is known as “Web Beacons” (small invisible graphics) for the collection of information. Simple actions such as visitor traffic on the website are recorded and collected through the use of the web beacon. The information generated by the cookie and/or web beacon on your usage of this website (including your IP address)  is sent to a Google server in the US and saved there. Google will use this information in order to assess your usage of the website in terms of the advertisements,  to compile reports on website activities and ads for the website operator and to perform services associated with website usage and Internet usage. Google will also transfer this information to third parties if necessary if this is prescribed by law or of third parties process these data as commissioned by Google. In this case, Google will not combine your IP address with other Google data. You can prevent saving cookies on your hard disk and the display of web beacons by selecting “Do not accept cookies” in your browser settings (in MS Internet Explorer, this is under “Extras > Internet Options > Data Protection > Cookies”); however, we wish to point out that you may not be able to fully use all functions of this website in this case. Through the use of this website, you are stating your agreement with the processing of the data collected on you by Google in the manner previously described and for the aforementioned purpose.

Data Protection Statement for the Google Plus Social Network
This website uses what is known as the. “G +1” button of the social network Google Plus, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). The button can be recognized by the “G +1” symbol. If you are registered with Google Plus, you can express your interest in our website with the “G + 1” button and share content from our website on Google Plus. In this case, Google saves both the information that you gave a “G + 1” for one of our content items as well as information on the page that you have viewed. Your “G +1” selections can possibly be shown with your name (if necessary also with a photo – if available) at Google Plus in other Google services such as  a Google search or your Google profile.
To see the purpose and scope of data collection and the further processing and use of the data by Google as well as your rights and setting possibilities in this regard to protect your privacy, please consult Google’s data protection instructions [here].

Data Protection Statement for Google Maps by Google Inc.
This website uses the “Google Maps and Route Planner” function of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”) to present or calculate geographical information and direction routes. With Google Maps, data on your usage of this website can be transferred to Google, collected and used by Google. You can prevent such a data transfer if you deactivate “Java script” in your browser. However, no maps can be displayed in this case. By using this website and not deactivating “Java script”, you are stating your agreement that you agree with the processing of your data by Google for the aforementioned purpose. You can find other information on how “Google Maps” and the Route Planner use your data  as well as the Google Data Protection Statement by Google [here].

Data Protection Statement for the Use of the Web Message Service twitter.com
We have also integrated the web message service twitter.com on our website. It is provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Twitter offers what is known as the “Tweet” function. You can use it to publish 140-character-long messages, including with website links in your own Twitter account. If you use the “tweet” function by Twitter on our websites, the respective website is linked to your account on Twitter and can be publicly recognized in some cases. Here the data are also sent to Twitter.
We are not informed on the content of the transferred data and their usage by Twitter. Therefore, please consult Twitter’s Data Protection Statement for further information [here].
With the link below, Twitter offers you the ability to specify the data protection settings yourself [here].

Data Protection Statement for Commissioned Patent Searches and Patent Monitoring
If a contractual relationship should be constituted between you and us regarding a patent search or patent monitoring, we will set up an account for you with the Questel company in France for the patient information platform “Orbit Intelligence.” To do this, the input of the following data by us on the Questel server is required: Your first name, last name and e-mail address. During the use of “Orbit Intelligence,” comments and ratings of patents formulated by you can be assigned to your profile through your account. Questel, in turn, is obligated to keep the data confidential and not make it accessible to any third parties. For further information on data protection and on the use of cookies by Questel, please read the link [here].

Right of Information
You have the right to request information on the data collected on you at any time, at no charge and immediately. You have the right to revoke your permission for the usage of your personal data indicated at any time, with future effect. You are entitled to have your data “forgotten.” Please contact the provider in the contact data in the Imprint, Mr. Stefan Kienitz, to be provided with information.

Source: JuraForum.de

 

General Terms of Business (AGB’s)

  1. The company PATENTMANAGER.DE GmbH  with CEO Mr. Stefan Kienitz (Dipl.-Ing.) is a limited liability company (GmbH), which is identified in short for as the  “PATENTMANAGER Company” or “PATENTMANAGER.DE”. We explicitly state that all cooperation partners that occur under the name “PATENTMANAGER” or “PATENTMANAGER.DE” are considered legally independent business partners by Dipl.-Ing. Stefan Kienitz (Qualified Engineer). The cooperation partners are obligated to maintain confidentiality due to their professional regulations or additional confidentiality agreements. Legal consultation with third parties occurs exclusively through external cooperation partners, specifically approved attorneys-at-law and patent attorneys but in no case by sales partners or engineers. The latter strictly offer engineering services or data preparation on industrial property rights.
  2. Liability: The company PATENTMANAGER assumes no liability for this cooperation or contractual partner. The company PATENTMANAGER is only liable for damages caused by the contractual partner, if this was caused by PATIENTMASTER, its employees, statutory representatives or other vicarious agents through malicious intent or gross negligence. Otherwise, PATENTMANAGER is only liable for expected damages that are caused by them through the violation of essential contractual obligations. The liability is precluded for profits lost for the contractual partner, savings that were not gained by the contractual partner, indirect damages, the follow-up damages from defects as well as damages that are caused through the illegal conduct of the contractual partner. PATENTMANAGER is not liable for damages resulting from force majeure. In particular, this includes operational shutdowns caused, in particular, by natural events, the effects of war, wage disputes, illnesses and similar events. PATENTMANAGER assumes no liability for transferred models, prototypes and objects or their damages, impediment or loss. This excludes malicious intent and gross negligence. There is explicitly no limitation of liability for damages that result from injuries to life, limb or health.
  3. Expert Report: Any expert reports created are not legally binding and service solely as non-binding advice for the contractual partner from the subjective, specialist perspective of PATENTMANAGER. All information is without guaranty. Expert reports are in writing but can also occur in rare individual cases by phone. Any liability of the company PATENTMANAGER is precluded,  unless there are compelling legal regulations.
  4. Searches (also externally assigned searches and FTO searches) are performed to the best of the company’s knowledge and belief and make no claim of completeness – they make no claim of patent distribution, “freedom to operate”, nor are they to be considered legally binding. . Short searches only include a link to hit lists of the respective databases – an assessment of the hit lists is done by the contractual partner (inventor customers). If search results are applied as objections, it is recommended that they also be reviewed by a patent attorney in order to prevent a conflict with their own industrial property rights. Any liability of the company PATENTMANAGER is precluded,  unless there are compelling legal regulations.
  5. Data Protection: Date Protection Instructions – See Above.  Any guaranty for data transfer errors and protection in relation to the illegal interventions of third parties if this does not occur due to malicious intent or gross negligence by the company PATENTMANAGER. The company PATENTMANAGER and its contractual partners use the protective measures that are typical in business transactions.
  6. Prices and Costs: All prices indicated by the PATENTMANAGER company and network are net prices to which the VAT and any shipping costs are added. The initial expert report of the inventions of freelance inventors is a part of a promotional program of the company PATENTMANAGER and the industry so that only minimal costs are incurred for the inventor. The same applies to the commissioning of external experts who are commissioned by PATENTMANAGER
  7. Terms of Payment: If no other payment terms are agreed upon in writing, invoice amounts from the Contractual Partner are payable with a payment objective of 14 days following receipt of the invoice.
  8. Final Provisions: PATENTMANAGER reserves the right to modify these General Terms of Business (AGB’s) in the scope that is feasible for the contractual partner. The newest version applies in each case if the Contractual Partner does not object to the validity of the new AGB’s within four weeks after PATENTMANAGER has explicitly pointed out the consequences of its actions. The parties ensure that they are legally authorized to sign this Agreement and that no other permits need to be obtained for legal validity. The place of performance and jurisdiction for the respective contractual obligations is Duisburg. The Agreements are subject to the laws of the Federal Republic of Germany. Amendments or supplements to all Agreements – including this requirement for written form  – require the written form and signature by both parties  to be legally valid. The Agreements have binding effect for the respective legal successors as well, be it an overall legal successor or partial legal successor in which the sub-sections constituting the subject matter of the agreements are concluded. The obligations to maintain confidentiality and the limitation of the use of agreements for data and information provided as well as any payment obligations, particularly commission payments and commission obligations remain unaffected.

Duisburg, January, 2020

Dipl.-Ing. Stefan Kienitz (Qualified Engineer)

CEO of the company PATENTMANAGER.DE GmbH, Headquarter: Duisburg, Trade Register: AG Duisburg HRB 32540

Am Bollheister 30, 47249 Duisburg