Discover the closest competing Prior-Art patents
before investing much into your idea.
Obtaining broad, high quality patent protection requires specialized legal and technical expertise, and the investment of several thousands dollars- typically at a cost of about $6-10K to prepare and file the Utility patent application (which is how to patent your idea). However, if you are a small entity (i.e., a small business with < 50 employees, start-up, or individual) on a relatively limited budget due to the recession, we can provide you fee reduction assistance (often 50% off) when our docket permits.
Currently, given the relatively weak economy, we have some spare capacity with regard to small entity casework, so you can now take advantage of a low flat-fee offer -only $249 for our top of the line patent search, opinion, and consultation (normally $1200), which comes free with a very low cost full Utility patent application, and 50% off for quality provisional patents.
As experts in patents and patent research, our legal practice has been very successful in winning valuable patents (click here for 100's of sample patents) for our clients. Clients of the firm always deal directly with our principle partner, Ariel Bentolila, on all of their legal matters, and are assured personal attention, open and direct communication, and the highest quality legal services, which we have consistently rendered to well over 1000 clients served over our 10 years of legal practice. We look forward to adding you to our ever growing ranks of satisfied clients (click here for representative client endorsements).
US Patentability Search (1-2 weeks)
The below flat-fee patent research work is conducted by one of our highly
seasoned researcher professionals having at least a Bachelors of Science in
Electrical/Computer, Mechanical, or Chemical Engineering,depending on the
technical area of the invention. Our search team leader and staff are
exclusively former US Patent Office (USPTO) Patent Examiners who were trained by
the USPTO in their exclusive patent search and examination methods to
efficiently discover prior-art that they use to reject patents. We guarantee
that the researcher working on your research case will be a former Patent
Examiner having at least 1-3 years experience at the USPTO using their same
advanced patent searching systems, and will be one of the best in the Industry.
Our "pro" level searches are performed by one of the top
Patent Examiners at the USPTO- he has over 7 years Patent Examination
experience, and is better than 95% of all searchers/examiners.
We believe that
this competitive edge is a distinguishing factor that enables our quality of
patent research to be unsurpassed.
We conduct our patent research through our Washington DC office using a wide
variety of patent databases including the USPTO's advanced "EAST" system, which
is practically the same search system used by USPTO Patent Examiners.
We find that when inventors do there own search, what they find tends
to
be pretty remote, and almost never the best prior art that the USPTO will find. Even many patent search firms that use expensive commercial
search engines get poor results because such online search engines still do not compare to searches done on the advanced
EAST system at the USPTO. Moreover, when you combine the USPTO search engine
with the
capabilities of our expert Patent Examiner searchers, we find you get
search results that are very comparable to
USPTO primary examiner searches. That is, the vast majority of the
time the USPTO
does not find any better prior-art than what we already discover
first.
Moreover, with Bay Area IP you are also guaranteed that your invention always stays
in the safety and competence of the USA. Unfortunately, many in the patent
industry employ non-technical/non-legal patent researchers, or worse yet, many
outsource your invention and patent research work overseas (e.g., to India, or
Asia) without you knowing it, which risks your idea being stolen without any
legal recourse by foreigners who are completely outside our legal system.
Our US
patent searches will include full text US Patent
Publications and granted US
Patents going all the way back to the very first set of
patents.
Advanced Legal Patentability Analysis of the closest prior-art patents found
(within a few days, DOES NOT INCLUDE A SEARCH)
$250
The above options cover United States (US) patents and published US patent
application. It should be noted that given the US is the largest market in the
world it is very common that International patents are also filed in the
US (especially for mass market or high tech inventions), whereby the US search
generally discovers most, if not all, of the most relevant patent prior-art
throughout the world. The "Basic US Search" level is usually adequate to achieve
a basic confidence that your same invention has not been already patented in the
US. The "Normal US Search" level is much more in-depth that the basic level, and
usually adequate to achieve a good confidence that your same or highly
similar invention has not been already patented in the US. See the next section
for international patent research. The "Normal" level is usually the best
balance between cost and thoroughness. The "Advanced" level is our most
comprehensive level of flat-fee patent research and seeks to determine with
reasonably high confidence if the exact invention exist, or an analogous
variation can be construed based on one or more prior-art reference separately
or in combination.
To provide you a service commensurate with your financial
situation and invention protection goals, we provide various levels of patent
searching options, each providing different degrees of depth and breadth of our
prior-art patent search. Our our most basic patent search, our goal is to
determine, with some confidence, if the exact invention has been previously
disclosed in a patent. Our most comprehensive level of patent search we search
patents and published patent application.
Usually, our patent research is completed in about a week for most jobs. We
realize many inventors/companies require fast turnaround times so we make sure
to maintain adequate staff to keep it faster (with no extra rush charge) than
the industry-standard 2-4 weeks.
Regarding our patent research practice, generally, our search results and our
patentability opinions (when ordered) knockout a relatively high percentage of
searched inventions, and we make sure that we have a high integrity about not
having an "optimistic eye" that leads many other organizations to gloss over
problematic prior-art just to get your future business.
US and International Patentability
search (1 week)
The below flat-fee International patent research work performs the US
Patent research as described above and expands the search to include a worldwide patent search (of over 50 million patents) for the most relevant prior art
that can be used to reject your invention. It covers US Patent Publications, US
Patents (going all the way back to the very first set of patents), European
Patent Office (and all member countries), Japanese Patent Office (and all member
countries), World Intellectual Property Organization (and all member
countries), Derwent and the actual patents of lesser developed countries. All
are full text with non-English text being provided with an English language
abstract.
The "Basic Search" level is usually adequate to achieve a basic confidence that
your same invention has not been already patented in the US. The "Normal Search"
level is much more in-depth than the basic level, and usually adequate to
achieve a good confidence that your same or highly similar invention has not been
already patented. The "Normal" level is usually the best balance between cost
and thoroughness. The "Advanced Search" level is our most comprehensive level of
flat-fee patent research and seeks to determine with reasonably high
confidence if the exact invention exist, or analogous variation can be
construed based on one or more prior-art reference separately or in combination.
For help deciding the right level of service for your situation please [Click
Here].
Advanced level Legal Patentability Analysis of the closest prior-art patents
(usually within a few days, DOES NOT INCLUDE A SEARCH)
$250
What to expect after you order the patent search
The general process proceeds as follows:
Upon your payment being honored, we email you confirmation
including instructions on how to securely submit your completed invention
description form (questionnaire) to us confidentially.
While by law, as with all patent law attorneys, we are bound to keep all inventor confidential information secret, as an additional layer of protection, we can provide a signed confidentiality
agreement (i.e., nondisclosure agreement, or NDA) covering the invention submission. Note that Registered Patent
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.
Your case will be assigned to a Patent Search professional
credentialed according to the level of service procured (but, always highly
competent in the mechanical, industrial, electrical, software, and computer arts), who will email you
asking any additional information or clarifications if required.
Within 1-2 days, an estimated completion date will be communicated to you (4-7 days rush available).
A patent
search report will be generated and delivered to you by secure email.
The patent search report contains the Patent Search results, soft copies of the
closest references found, and is suitable to be presented to a Registered Patent
Practitioner for a patentability
opinion. Your patent
search report is yours to do with as you see fit.
If we also received an order for a patentability
opinion, then a Registered Patent Practitioner will render a patentability
opinion and provide their patentability analysis and advice to you (usually
in a few days the patent search results are available).
After we deliver your patent
search report and/or any ordered patentability
opinion, 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 results.
Why it is important to conduct a patent prior-art search
Is my invention or idea patentable? This is usually an inventor’s first question. There are certain preliminary patentability requirementsregarding the nature of the invention that you can have us quickly assess through our special free initial consultation offer. However, in addition to being an acceptable type of invention, the invention must be novel with respect to relevant prior art.
With over 6 million US patents, 40 million worldwide, and millions of printed publications, which are all potential prior-art against your application, there is a good chance that some reference, or combination of references, may render your invention anticipated or obvious, and therefore unpatentable. A prior-art patentability search can avoid loosing your investment in a patent application if the search discovers prior references that would likely preclude patenting your invention.
Moreover, in light of a seminal court decision referred to as “Festo” it is now practically mandatory to do an extensive prior-art patentability search to ensure that your patent will have maximal scope through an important legal mechanism known as the “Doctrine of Equivalence”. In the worst case, Festo could reduce what would have otherwise been a broad patent to one that narrowly covers only your exact invention. This would make your patent of minimal value because potential licensees would simply design around the narrowly interpreted claims. Many patent attorneys still tell their clients it is OK to skip doing a prior-art search; however, under Festo you skip doing a prior-art search at your own risk. Because, if there is any prior-art that the patent examiner finds, which requires your patent attorney to amend the claims around, you loose all equivalents related to the aspect he had to narrow. If you expect to sell/license your invention or you ever plan to enforce your patent in court, you should have an extensive prior-art patentability search done. The prior art found by such a search allows your patent practitioner to carefully craft the claims around the prior art, and more accurately decide what should be in the spec. Under Festo, getting it right the first time (i.e., upon filing the application) is critical. Many patent attorneys, particularly ones in the business for a long time, have not updated their patent practice, and may tell you an extensive prior-art search is not necessary, but do not believe it.
Another benefit of an extensive prior art search, if done well, is that patent examiners will often rely on the references you provide as the basis for their examination. This tends to make the prosecution much cleaner and less costly, thereby resulting in a greater likelihood of a patent being awarded quickly, if not on the first office action. Typically, some portion of what is spent for a quality patentability search can be recouped later by lower prosecution costs.
Considering the significant investment of time and money involved in a non-provisional patent application, a comprehensive patentability search and patentability opinion is a prudent upfront investment to safeguard your invention and conserve limited resources.
For at least the foregoing reasons, before having your patent application prepared we strongly urge you to do your own prior-art search as a starting point to seed a professional patentability search. This will give us a more focused starting place, thereby significantly increasing the quality and comprehensiveness of our search results. You should search the USPTO and WIPO (if appropriate) databases as best you can. The marketplace is another place for you to begin looking if your invention, product, or mark already exists in the public domain. Often, by using the Internet inventors can determine if their invention or product has been publicly disclosed or used. Your search effort, in combination with our professional search significantly increases the likelihood that we have found all pertinent reference that an examiner or an opposing party will find. For more details, please review our prior-art patentability search page.
Prior Art Search/Pre-examination Search
This common search finds the most related prior-art patents pertinent to the patentability of your invention. Typically, 5-15 prior-art patents are found and may serve as a basis for a patentability opinion , and are submitted in an invention disclosure statement with your patent applications filing.
Non-Patent Literature Search
Non-patent publications are prior art for all they disclose just like a patent publication. We search literature in over 100 US databases, and other online resources. Typically, the search returns abstracts and/or the full-text of relevant publications. Often, the Full text of the abstracts is available with copyright permission at a cost of $20-$45/publication.
Foreign Patent Prior-art Search
Foreign art that reads onto your claimed invention can prevent you from attaining a patent. We search major national and international databases for relevant foreign patents.
Validity Search
Our thorough validity search provides patent and non-patent prior-art that the reference patent tends to read on. That is, we find prior-art that is within the reference patent’s broadest claim scope. Such prior-art serves as a basis for a legal opinion against infringement or as due diligence prior to selling or license a patent. We provide a detailed graph that charts validity for a sufficient number of independent claims.
What Patent Search Reports Include
Our search reports typically list, and attach, 5 to 15 related national and/or international patents wherein the most representative patents include a brief and relevant description with reference to exact claims, figures, and/or specification lines used. We further indicate what USPTO or international classes and subclasses we searched. The search report is suitable as a basis for a patentability opinion. Unlike many patent searching agencies who have little, if any, technical or patent law knowledge, Bay Area IP increases the evidentiary value of your search report by including a commentary in your report of any caveats or contextual information that we know to be critical to support a proper analysis by your agent or attorney performing the patentability opinion. The search report, including our detailed commentary, is yours to keep, and use as you will. Of course, we would like to have you also choose us for your patentability opinion and patent application, but our searching services are a separate activity at our firm and there is no pressure, questions, or ‘hooks’ against you taking your search report to another firm, for any reason.
How Good Is a Patent Search?
Unfortunately, no one can guarantee a patent search, not even the USPTO. To provide you a service commensurate with your financial situation, we provide various levels of searching options, each providing different degrees of depth and breadth of our search. In our most basic search , our goal is to determine, with high confidence, if the exact invention has been previously disclosed in a patent. In our most comprehensive level of search we search patents and printed publications to determine, with high confidence, if the exact invention exist, or an obvious variation can be construed based on one or more prior-art reference in combination. A patentability opinion would then be rendered to advise you if you should proceed with a patent application. The corresponding cost can run from a couple of hundred dollars (e.g., if you did an extensive search and the patentability opinion is strait forward) to a thousand dollars (e.g., if you did not do an extensive search for a complex technical area where the patentability opinion is not strait forward) or more. For clients on very limited budgets it often makes sense for them to do a preliminary online search, and then have us do a basic search combined with a patentability opinion as a basis for proceeding forward to draft/file a patent application.
Generally, when cost is not a top constraint the more time spent searching, up to some limit, and the broader the search scope, the more likely that we are to find substantially the same or similar prior-art that the examiner (who has a very limited time to search) will find, thereby significantly increasing the likelihood of a patent being awarded with a relatively clean prosecution history. However, because patent classes and subclasses are used in some aspects of the search, it is entirely possible that some very pertinent patents have been misclassified, and hence potentially missed. An additional level of uncertainty stems from the fact that only issued patents and published patent applications are searchable outside a patent office. A secret pending application may exist (for at least 18 months, and sometimes all the way until issuance) that the examiner could assert against your application. Other sources of missed references can arise from references (sometimes buried within hundreds) that are obscured by using non-standard terms and/or generic (or misleading) titles/abstracts, or figures. Some other search limitations arise from limitations in the USPTO database, which include the following:
Patents issued from 1790 through 1975 are searchable only by patent number and current US classifications.
Current US Patent Classification data in the Database may not necessarily match the classification data appearing in the original printed patent.
Changes to patent documents contained in Certificates of Correction and Re-examinations Certificates are not searchable.
Neither assignment changes nor address changes recorded at the USPTO are reflected in the patent database.
Thus, it should be clear that the effectiveness of any patentability search depends on many uncertain factors. Our searcher’s strong knowledge of patent practice and technology combined with excellent searching skills can significantly increase the accuracy and efficiency of the searching process. The exact choice of cost limits, search scope, and searching professional is made on a case-by-case basis depending on our client’s particular goals and risk tolerance level.
Article on Understanding Patent Search Practice
Thank you for your interest in Bay Area Intellectual Property Group (Bay Area IP) to explore affordable ways we can help you protect your innovation(s) and business interests in the USA and internationally.
We are a Silicon Valley based Patent Firm with a Global presence. We are longstanding, registered members of the US Patent Bar- fully experienced and licensed to practice in all patent matters before the US Patent and Trademark office (USPTO) and World Intellectual Property Office (WIPO). As the principal partner of Bay Area IP Group, I welcome you, and will initially impart some wisdom below that will hopefully help you to become more informed about the patent process and choosing your patent attorney representation.
“You should never trust any Patent Attorney/Firm that does not strongly urge you to first have a professional patent search done, because they clearly do not have your best interests in mind”
I would expect that since you found this web page via a web search engine you are most likely a small entity (i.e., individuals and small business with < 100 employees). I must admit that, unfortunately, most patent law firms do not serve small entities well, if at all. We are different, however. While much of our work is indeed rendered to corporate clientele, we do respect and take serious "the little guy/gal". Rest assured that Bay Area IP will render effective legal services of your behalf and give you a very positive client experience. Read on below to discover why you will want to enlist us a valuable member of your business/invention team.
Bay Area IP is a result-oriented firm that seeks to maximize client value to build long term relationships, even if it is at the expense of near-term revenues. In contrast, many firms (automatically) accept new cases before performing the important due diligence that helps to assure that a patent is indeed warranted or even possible for a given client situation, and not just a waste of time and money. Bay Area IP always strongly urges its small entity clients (who are the most likely to not be aware of related prior-art) to have a professional patent search and patentability legal opinion done before filing for a patent. You should never trust any Patent Attorney/Firm that does not strongly urge you to first have a professional patent search done, because they clearly do not have your best interests in mind.
Some basic questions you should be asking yourself are:
“Has my idea/product/process already been patented?”
Because if it has, you will be legally blocked from making and selling it to anyone.
“Is my idea/product/process patentable?”
Because you have to own your innovation to sell/license it or stop others from taking it, so if it cannot be patented then in nearly all circumstances, it has little commercial value. The reason being that if no matter who launches it in the marketplace, if it is successful, it will be instantly copied without patent protection. Moreover, very few, if any, investors, marketers, or companies will be interested in something that does not protect there significant investment.
“Is my idea/product/process differentiated enough to have a good chance to succeed in the marketplace?”
Because if it is not then who will want to buy it?
“Is the industry segment that my idea/product/process applies to receiving a significant amount of investment attention?”
If it is, then it could be a good sign that other smart people/companies have identified your market segment as something well worth investing in. This can significantly lower investment risk if the above questions are answered favorably; and, makes it much more likely that investors/companies are putting money into things like yours.
“you have to own your innovation to sell/license it or stop others from taking/copying it, so if it cannot be patented then in nearly all circumstances, it has little commercial value.”
Actually, our in-depth patent research and evaluations are exactly designed to be the foundation for answering these, and many more, important decision-making patent and business questions. Moreover, all things being equal, before making a purchase, licensing, or investment decision, investors and companies always want to see that a deep patent search was done and it had a favorable patentability legal opinion. If they demand a favorable patent search before going ahead, shouldn’t you?
“before making a buy-out, licensing, or investment decision, investors and companies always want to see that a deep patent search was done and it had a favorable patentability legal opinion. If they demand a favorable patent search before going ahead, shouldn’t you?"
Another aspect of the patent search that alludes most small entities is who is actually doing your patent search, and done on what kind of search system? If you call around you will get different answers. Most firms outsource there patent searches, and some of those companies outsource to foreign companies (esp. India and Bangladesh)- very risky. Many respectable law firms outside of Washginton DC will use (relatively weak/limited) online patent database engine like Delphion; however, most reputable firms will outsource their patent search to Washington DC based companies. Why you ask? Because they know that the absolutely best search system and database to use is ONLY located at the USPTO’s very sophisticated EAST system and database, which is EXACTLY the same system that the Patent Examiners use to find the “prior-art” the will base any rejection of your patent upon. If the Patent Examiner finds prior art they’ll reject your patent, otherwise, you will get your patent.
So, you have to ask yourself, what competent attorney or law firm acting in your best interest would not use the same tools that the Patent Examiners use? Hence, it is unwise to trust or use any law firm that does not have all their patent searches done using the same search systems that the Patent Examiners use; that is, the USPTO’s EAST system in Washington DC. We do all our patent searches on the USPTO’s advanced EAST system out of our Washington DC office.
“It is unwise to trust or use any law firm that does not have all their patent searches done using the same search systems that the Patent Examiners use; that is, the USPTO’s EAST system in Washington DC”
If the law firm you are considering does indeed have all their patent searches done on the USPTO’s EAST system, then you have to ask yourself who is actually doing your patent search? Of course, the answer to that question is just as important as what systems and databases they use. Most reputable patent search companies employ experienced search technicians that are good at finding relevant prior art. However, how good? Well, usually, they are good enough to turn up enough patents so that you think they did a reasonable search, and it is most often a favorable report, only later to find out that their patent application was rejected by much better patents that the Patent Examiner found. Patent Examiners are trained like bloodhounds to find the best prior art (patents) so that they can reject your patent. So, a regular patent search technician, no matter how good, just will not cut it, even if they are on a great search engine like the USPTO’s EAST system.
“Patent Examiners are trained like bloodhounds to find the best prior art (patents) so that they can reject your patent. … This is a big reason why most patents are initially and rejected. … That is why we only employ former Patent Examiners to do all our patent research work at the USPTO’s advanced EAST system”
This is a big reason why most patents are initially and rejected. A well trained Patent Examiner will be deciding the fate of you patent rights based on any patents they find close enough to use against you; so, if you had a choice, would you not rather have your patent search done by a Patent Examiner using their systems/methods? So, we realized this problem many years ago, and decided to take another approach; that is, we only employ former Patent Examiners who do all our patent research work at the USPTO’s advanced EAST search system. Patent Examiners cost great deal more and are very hard to come by, which likely explains why we have yet to find a competitor able to match us in this regard. Our top patent researchers knock out at least 40% of all submissions we get. That saves our clients a lot of money they would have spent unwisely otherwise. Our competitors tend to knock out only 10-20% at best, usually only 5%, which means the USPTO Examiners will often knock out their clients patents after the patent filing, at great expense.
“A well trained Patent Examiner will be deciding the fate of you patent rights based on any patents they find close enough to use against you; so, if you had a choice, would you not rather have your patent search done by a Patent Examiner using their systems/methods?”
The answer is obvious, and Bay Area IP provides you this highly sought after combination of employing Patent Examiner on the advanced EAST system that will give you a solid basis for your first big decision and the absolute best chance of winning a patent if our legal analysis finds a patent filing is advisable.
“Our top patent researchers knock out at least 40-50% of all submissions we get. That saves our clients a lot of money they would have lost otherwise. Our competitors tend to knock out only 10-20% at best, usually only 5%.”
Now that you know about our strong patent research practice, you should learn about our equally strong patent practice, and above all, our extensive patent prosecution experience. There are 4 generally accepted metrics that clients should use to determine the reputation of your attorney and his/her patent firm. Click Here to see the List. Bay Area IP measures up very well in this respect. Bay Area IP has been serving high-tech companies for almost 10 years, and successfully filed many 100's of patents. And, our legal professionals have many more years of experience than that. As mentioned above, I think an equally important metric is what actual clients say. We openly post many representative testimonials from our corporate and individual clients through out the USA and worldwide- click here for real testimonials. I think many testimonials are much more valuable than single references because at most a firm would give you 1-3 references, however, we can provide you dozens of client testimonials, each of which would provide a very favorable reference. We appreciate the opportunity to put our extensive experience and service to work for you.
"Less than 1 percent of all lawyers are registered to practice before the United States Patent Office."
Did you know that less than 1 percent of all lawyers are registered to practice before the United States Patent Office? Why limit your choice of a lawyer even further by focusing on the tiny handful of patent lawyers that happen to be within driving distance of you? As you might imagine, it is extremely unlikely that the best talent at the lowest cost just happens to be in your "backyard". Patent work is all about working with ideas and information, which lends itself to enjoying a productive attorney-client relationship no matter where you are located.
Bay Area IP's clients include individual inventors, law firms, small to medium-sized businesses, and large, well-known corporations throughout the United States, Canada, Europe, Latin America, Asia, and worldwide.
In our experience, small entities are the ones who usually use the Internet to find reputable patent law firm representation at an affordable price, since budgets tend to be tight these days. If this is your situation, Bay Area IP can offer you cost reduction assistance (only for individuals and small business with < 100 employees). Accordingly, will offer you a special flat-fee that, for a limited time, provides you a low, fixed price (all patent related fees included), which flat-fee is guaranteed not to go up and includes many additional valuable patent related services and official fees at no extra charge. This Internet-Only flat-fee reduction offer will save you a great deal of money off our already competitive rates that Bay Area IP bills our corporate clients. To submit a quote request CLICK HERE, and we will send you a written quote letter with all the flat-fee offer details. I am sure you will find it very favorable; and, given our proven track record of quality work and happy clients, this is an offer you will not want to miss out on.
With our strong patent search and patent practices being currently offered at an affordable rate, we have formulated an efficient win/win approach to help under served small entities receive high quality and flexibility at an affordable cost. This enables you to attain quality work, contain cost, and optimize our level of service to fit your unique goals and financial situation.
If you are watching your budget, you will want to act now while this flat-fee package offer is still active.
To take advantage of a special offer that includes our top of the line search, opinion, and legal consultation at a very low price, simply click on this patent search offer link or quote request links above, or give us a toll-free call for more information at 1-888-89PATENT (1-888-897-2836).
This page includes information
regarding low cost flat fee and flat rate patent search service, prior art research,
us patent search & patent research at the patent office, patent infringement
research, free patent search in the u s patent database, and more generally:
US patent search, International
patent search, free patent search consultation, an invention patent
search, and a patent pending search.