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Basic Patentability Opinion order confirmation, item #SP09

Please print, or save, this page for your records

NOTE: This Basic Patentability Opinion Service is ONLY for low/moderate complexity inventions, that are NOT in Chemical or Biotechnology subject areas, and covers 1 prior-art references to be analyzed. See our Advanced Legal Patentability opinion for complex situations.

You must read, understand, and agree to the below information and Service Agreement (by clicking on the "I Agree" button at the bottom of this page), then click on the "Add to Cart" button.

The general process to conduct a Patentability Opinion, unless otherwise agreed upon, proceeds as follows:

1. Upon your payment being honored, we email you confirmation including instructions on how to securely submit your invention description, and cited prior-art references, and full contact information to us confidentially. As an additional layer of protection, a signed confidentiality agreement (i.e., nondisclosure agreement, or NDA) covering the invention description you submit to us will be sent to you upon request. Note that Registered Patent Agents and Attorneys are obligated by law to preserve their clients' proprietary information in strict confidence, otherwise he or she can be permanently barred personally from ever practicing in patents or any other area of law. Moreover, all employees of Bay Area IP have signed nondisclosure agreements.
2. You should have your disclosure witnessed (preferably two witnesses), evidenced by signature to the statement like "I have read and understand the invention described above".
3. Your case will be assigned to a Registered Patent Agent possessing at least a Master's in Electrical and Computer Engineering (highly competent in the mechanical, electrical, and computer arts), who will email you asking any additional information or clarifications if required.
4. An estimated completion date will be communicated to you (usually within 1 week).
5. We deliver your patentability opinion.
6. We will not proceed to perform any further work until we receive instructions and payment for additional services you wish to procure based on the patentability opinion, and/or initial consultation.

1. All materials and information related to the invention to be considered, including written and verbal descriptions, samples, drawings, photos, recordings, and videos, as identified in the invention description (submitted after payment) will be accepted, and confirmed received, by us under the condition that the information they contain, shall be used by us solely for purposes requested, or authorized by you. We shall exercise a high degree of diligence to safeguard your proprietary matter (i.e., nonpublic knowledge) from unauthorized access by others persons. We shall only copy your proprietary matter as needed for work requested by you, and we will return your proprietary matter, including any copies, to you at any time you request it.
2. You need to provide us a written disclosure of your invention (preferably in electronic form) and a search report containing prior-art reference that are to be the subject of the Patentability Opinion analysis before we can begin. We may notice a deficient invention disclosure and provide you with an opportunity to respond with instructions and/or clarifications. However, we may not notice any deficiencies in your invention disclosure and perform the procured Patentability Opinion as agreed upon, whereby you agree to accept the Patentability Opinion rendered resulting from any faults in your invention disclosure. Basically, our Patentability Opinion is only as good as your invention disclosure and the prior-art reference provided to us.
3. The Basic Patentability Opinion service is only for simple inventions, of relatively low complexity. Higher complexity inventions require more time and expertise to perform an effective Patentability analysis, whereby, the Basic Patentability Opinion level of service may result in substantially less quality results. You are advised to purchase the Advanced Patentability Opinion services that we offer.
4. We will complete a Basic Patentability Opinion on your described invention within 1 week of our receiving the appropriate payment, prior-art references, and a sufficient description of the invention.
5. We will provide you a Patentability Analysis, performed by a Registered Patent Practitioner in good standing with the USPTO patent bar, setting forth the reasoning, and possible conjecture, for or against the likelihood the invention that was the subject of the Patentability Analysis will be allowed in some form by an Examiner at the USPTO. You understand that our Patentability Analysis is only our professional opinion, and that, as with any legal opinion, due to the uncertainties in USPTO practice, U.S. Case law, and the prior-art discovery process, the actual outcome of your case should you decide to apply for patent may differ substantially from the predictions of our opinion. Our goal is only to provide an opinion that is more likely than not, to be accurate given the information readily available at the time the opinion was rendered. Thus, we cannot be held responsible or liable for any action or inaction performed bases on our patentability opinion.
6. You understand that that neither of submitting this form with or without subsequent payment, nor submitting invention disclosure(s), nor receiving an initial consultation, nor communicating by email creates an attorney/agent-client relationship. All acts under this service are understood not to create an attorney/agent-client relationship and, therefore, are not an attorney/agent-client communication.

Moreover, you must acknowledge that you understand and accept the Service Agreement.

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