We provide services related to intellectual property (IP), including the preparation, prosecution and administration of applications for IP rights and the management of granted IP rights. We are IP consultants, not a regulated law firm under the Legal Services Act 2007. We are authorised to act on your behalf:
in UK patent matters (s.274(1) Patents Act 1977);
in UK trade mark matters (s.82 Trade Marks Act 1994);
in UK design registration matters (Rule 36 Registered Designs Rules 2006).
We do not conduct reserved legal activities or litigation. Where court representation is required, we can help you instruct a suitable direct-access barrister.
You (“you”, “your”, the “client”) may instruct us by signing an engagement letter or module, submitting our online or email instruction form, or confirming by email. You may nominate people who are authorised to instruct on your behalf; unless you tell us otherwise, we may rely on instructions from any such person. You agree to provide timely, clear and complete instructions.
Email is our primary communication channel. You are responsible for ensuring you receive our emails and that they are not filtered. We cannot accept liability for viruses; please scan attachments.
4.1 Action Fees (fixed)
Most professional work is charged as a fixed Action Fee, typically £600 + VAT per clearly defined piece of work (e.g., claim drafting; trade mark filing; response to an examination report). The applicable Action Fee is shown in our published fee menu or your engagement module.
Some tasks are charged at lower fixed administrative rates (e.g., renewals processing). Where third-party correspondence requires a response or instruction (for example, an examination report), we charge £150 per instanceto process, docket deadlines and forward the item to you. Routine notices that require no response (e.g., publication or application-number notices) are reported without charge.
Every instruction includes access to ad-hoc advice not forming part of a defined action (e.g., brief calls/emails on strategy, ownership, or related questions). Ad-hoc time is charged at £250 per hour + VAT, recorded in 5-minute increments and rounded up. We accumulate time and invoice when the value reaches approximately £250–£300 or £500–£600, with a short summary of advice provided.
Official fees (e.g., IPO/WIPO fees), overseas agent charges, translation costs and searcher fees are charged at cost and are not subject to VAT. Our professional and administrative fees are subject to VAT at the prevailing rate. Where we pay overseas invoices on your behalf, a £75 foreign payment administration fee applies per payment; bank FX rates and charges are passed through.
If any engagement letter/module or written quote states a fee or billing basis that conflicts with these Terms, the engagement/module prevails for that instruction.
Any estimates are non-binding and based on information available at the time. If a cap is agreed in writing, we will work to it; however, actions and ad-hoc advice outside the scope of the cap are chargeable. We will alert you if material changes are likely.
We may request payment on account before starting an action or incurring disbursements. We normally invoice when each action completes; invoices are payable on receipt. If payment on account or an invoice is not made when due, we may suspend work. You are responsible for the consequences of suspension (including possible loss of rights). We may charge interest on overdue sums at Bank of England base rate + 8% (daily) and recover reasonable costs of collection. We may exercise a lien over files until sums due are paid.
We may instruct third parties (e.g., foreign agents, specialist searchers, technical drafters, translators) on your behalf. They are not part of Robertson IP. We oversee their work but are not liable for their defaults. Disbursements are your responsibility and are charged at cost.
You must promptly inform us of changes to your name, address, service email, ownership of IP rights, or authorised contacts. Many such changes must be notified to IP offices; failure to instruct us can cause loss of rights. Please also tell us about planned publications or disclosures that may affect patentability.
On request, we can introduce you to Protex Insurance to explore specialist IP insurance (e.g., infringement defence/pursuit, oppositions, ownership disputes, loss of income). We do not advise on insurance cover or terms. We will disclose any commission/benefit if applicable.
We operate predominantly paperless files. Ownership of physical/electronic files follows legal principles: some parts belong to you (e.g., original client documents), others to us (e.g., internal notes and templates). On request to transfer matters, we will provide the parts belonging to you once invoices are settled; we may charge a reasonable admin fee for copies of our materials. We may list your organisation’s name among our clients for marketing; tell us if you prefer to opt out.
We retain copyright in our drafting, templates and materials. Upon payment, you receive a non-exclusive licence to use them for your internal purposes and for filing/prosecution of your IP rights. Your underlying inventions, brands and IP rights remain yours.
Searches may be performed by us, Patent Offices or specialists. Due to database limitations and possible errors, no search can be guaranteed complete or error-free. We will state key assumptions where relevant.
Warnings to third parties can trigger “unjustified threats” claims. If you instruct us to send such correspondence, you agree to indemnify us against any resulting threats claim, allowing us to remain objective. We can support pre-litigation correspondence and negotiation but do not conduct litigation; if litigation is needed, we will help you instruct a direct-access barrister.
Our aggregate liability to you for breach of instructions or negligence in connection with our services is limited to £500,000. We do not exclude liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded. We are not liable for losses arising from incomplete/inaccurate information you provide or from third-party/system failures beyond our reasonable control.
We act as a data controller for client and matter information. We process data to perform our contract, comply with legal obligations, and for legitimate interests (practice management, conflict checks, QA). We may share data with trusted processors (IT providers, searchers, agents) and transfer data outside the UK/EEA where necessary, using appropriate safeguards. We retain matter files for at least six years after closure unless legal or operational needs require longer. You have UK GDPR rights; contact us for our privacy notice. We keep your information confidential except as required by law or to perform the work.
We may be legally required to report suspicions to the National Crime Agency and may be prohibited from informing you. We may have to cease work pending consent.
We may assign receivables to a financing provider (invoice factoring). You agree to pay the bank details shown on the invoice and consent to our sharing engagement/invoice records with the provider for financing and audit purposes.
We aim to acknowledge correspondence within one working day and provide timely updates. If you have concerns, please contact Christopher Robertson in the first instance; we will investigate and respond promptly. As we are not regulated under the Legal Services Act, the Legal Ombudsman does not apply; we are open to independent mediation if a matter cannot be resolved.
You may terminate at any time by written notice. We may terminate on reasonable notice if instructions are not provided in time, if invoices remain unpaid, or if a conflict arises. You will pay fees/disbursements incurred up to termination. We will cooperate reasonably to transfer files once sums due are settled.
We may update these Terms for future instructions by publishing a new version at https://patenthelp.co.uk/terms-condition/. The version referenced in your engagement letter/module governs that instruction. Any variation must be in writing. If an engagement letter/module states different terms for a specific instruction, that document takes precedence for that instruction.
These Terms and our services are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with our services or these Terms.
You can accept these Terms by signing an engagement letter/module, submitting our online/email instruction form, or continuing to instruct us after receiving these Terms. Electronic signatures and email confirmations are binding.
Fixed Action Fees (typical): e.g., patent claim drafting; patent description drafting; UK patent filing; response to examination report; trade mark clearance & filing; opposition notice/defence; evidence round; national-phase filing coordination (per country).
Administrative Fees (typical): renewals processing; third-party correspondence requiring response (£150 per instance).
Ad-hoc consultation: £250/h + VAT, 5-minute increments, rounded up; invoiced at approx. £250–£300 or £500–£600 usage.
(Schedule A is illustrative only. Current fees appear in our published fee menu and/or your engagement module.)
