NAPP Attorney Endorsement
Expansion of Covered Professional Services
In consideration of the premium for which this Insurance is written it is hereby understood and agreed that the definition of Patent Practitioner contained in section V of the Policy is deleted in its entirety and replaced as follows:
" Patent Practitioner " means one who provides any of the following services to others for a fee:
conducting patent searches;
rendering opinions regarding patentability;
preparing patent applications;
filing patent applications;
prosecuting patent applications before the United States Patent and Trademark Office;
performing Patent Cooperation Treaty filings;
performing liaison services with other patent attorneys and/or agents registered to practice outside the United States of America, where the liaison services relate to obtaining or maintaining patent protection, and/or filing patent related documents, in the country or jurisdiction where the other patent attorney or agent is registered to practice.
negotiating, drafting or recording patent assignments or patent licensing agreements;
performing patent maintenance filings;
performing trademark and copyright work;
negotiating and drafting nondisclosure/confidentiality agreements with respect to intellectual property;
negotiating and drafting intellectual property sponsored research agreements;
negotiating and drafting intellectual property consulting agreements; and
forming and maintaining private, closely held businesses for the Assured's intellectual property clients for the express purpose of maintaining a patent filed, negotiated, drafted, or worked on by the Assured .
For purposes of this Insurance , the services performed by a " Patent Practitioner " do not include the rendering of any services in any other trade, business or profession, including without limitation, the rendition of professional legal services to others in an attorney-client relationship, with the exception of those services specifically defined as Professional Services herein.
Infringement Exclusion
In consideration of the premium for which this Insurance is written it is hereby understood and agreed that the following exclusion is added at the end of section IV. EXCLUSIONS of this Policy :
to any Claim asserted on the basis that an allegedly erroneous opinion rendered by the Assured regarding the scope, validity or enforceability of an existing or pending patent, trademark or copyright resulted in damage, injury or loss to the owner of such patent, trademark or copyright. This exclusion shall not, however, apply to claims based upon an opinion rendered by the Assured to aid a client of the Assured in determining whether to proceed with the prosecution/registration of any patent, trademark or copyright.
Assured's Acknowledgment and Warranty
By receipt of this endorsement the Assured hereby acknowledges and warrants either: (1) the Assured's professional services rendered since the retroactive date of this Policy fall entirely within the scope of the above definition of Patent Practitioner ; or (2) the Assured maintains separate coverage for any professional services rendered outside of the Professional Services listed in the above definition.
NAPP Attorney endorsement (05/11)

