Steps
in Attaining a Provisional Patent Application
The
suggested steps towards attaining a Provisional
Patent Application (PPA) with Bay Area Intellectual Property Group
(Bay Area IP) depends on the particular type of service you desire.
We offer the utmost in flexibility to meet your needs optimally through
two main categories of service, each having its respective steps of
getting started. Please review the detailed description of our Read
our help guide to our PPA services
if you are not sure which service best suites your situation.
Prior to the consultation it is often
helpful if you perform your own prior-art
search, finding all the patents
and printed publications that you can which seem to be the same
or very close to your invention.
Securelysubmit an
invention
disclosure form (IDF), which should include only a very general
description of how to make an use your invention, any known relevant
prior-art (e.g., patents), and how your invention compares to the prior-art. A very
detailed IDF will be submitted to us once we start working on the
case.
Note: we are ethically
and legally bound to keep all the confidential information
disclosed to us from disclosure to others. Although, it is not at
all necessary, if you feel more comfortable we can provide you, upon
your request, an NDA
prior to any confidential disclosure to use.
If Bay Area IP accepts you as a client, select and pay
for the PPA service desire.
Upon the appropriate
retainer payment being honored, we will email you payment confirmation
and provide you instructions to download a complementary copy of our
PPA preparation kit & Inventor's
Guide. The Guide will help you write a better quality
IDF that will teach us the full scope of your idea, and educate you
about the basics
of Patent Law regarding patentability.
After we receive your invention disclosure
form (IDF), which includes a very detailed description of how
to make an use your invention, and how it compares to the prior-art.
Securelysubmit your
detailed IDF and any relevant prior-art (e.g., patents) and/or documentation
(e.g., brochures, photos, articles, drawings, etc.) that you know
of to us.
With the full disclosure of your
invention and its detailed workings, we will prepare a draft PPA for
your review.
Depending on the level of service
you have procured, we either iterate with you until you approve a
final draft for filing at the USPTO. Or, upon your request, we will
file our, or your, first draft, possibly after your review, to help
you save money.
To get started with our cost orientedProvisional
Patent Application (PPA)service
we suggest the following steps be taken towards attaining a PPA
with Bay Area IP:
Follow the instructions on the order
form, and direct any questions you may have to us through our online
form. If you believe you require an initial consultation, please
read about our reduced cost consultation offer at the following link:
Initial
Consultation Cost.
Upon the appropriate
payment being honored, we will email you payment confirmation
(at the email address provided to PayPal) shortly thereafter. An
email will follow including download instructions and password to
retrieve your copy of our PPA
preparation kit and any other required documents.
We work with you by email according
to the level
of service you procured. NOTE: prior to your submitting any confidential information,
we can provide you an confidentiality
agreement if you desire an added layer of protection. After you
submit your draft PPA to us, we will perform the service you procured,
and you simply file the final PPA to the USPTO, or we can file it
for you, and you have instant “Patent-Pending”
status.
Prior to the consultation it is often
helpful if you perform your own prior-art
search, finding all the patents
and printed publications that you can which seem to be the same
or very close to your invention.
Securelysubmit an
invention
disclosure form (IDF), which should include only a very general
description of how to make an use your invention, any known relevant
prior-art (e.g., patents), and how your invention compares to the prior-art. A very
detailed IDF will be submitted to us once we start working on the
case.
Note, we are ethically
and legally bound to keep all the confidential information
disclosed to us from disclosure to others. Although, it is not at
all necessary, if you feel more comfortable we can provide you, upon
your request, an NDA
prior to any confidential disclosure to use.
If Bay Area IP accepts you as a client, select and pay
for the PPA service desire.
Upon the appropriate
retainer payment being honored, we will email you payment confirmation
and provide you instructions to download a complementary copy of our
PPA preparation kit & Inventor's
Guide. The Guide will help you write a better quality
IDF that will teach us the full scope of your idea, and educate you
about the basics
of Patent Law regarding patentability.
After we receive your invention disclosure
form (IDF), which includes a very detailed description of how
to make an use your invention, and how it compares to the prior-art.
Securelysubmit your
detailed IDF and any relevant prior-art (e.g., patents) and/or documentation
(e.g., brochures, photos, articles, drawings, etc.) that you know
of to us.
With the full disclosure of your
invention and any related prior-art, we will prepare a draft utility
patent application for your review.
We iterate with you until you approve
a final draft for filing at the USPTO.
Once filed, we wait to receive the
first office action,
which occurs after initial examination by the USPTO (usually 12-18 months
after filing). See full
patent prosecution for some more details.
Requesting
an IP (i.e., patent or Trademark) search
3.Follow the instructions on the order form, and direct any questions
you may have to us by email.
We are happy to assess your situation and help you determine the type
of search that best suits your needs. If you believe you require an
initial consultation, please read about our reduced cost consultation
offer at the following link: Initial
Consultation Cost.
4.Upon the appropriate
payment being honored, we will email you payment confirmation shortly
thereafter. Your confirmation email will include a special invention
disclosure form (IDF) for you to complete which will document your invention
in enough detail for us to perform an effective search. You then securelysubmit your IDF, and any relevantprior-art (e.g., found
patents), and/or documentation (e.g., brochures, photos, articles,
drawings, etc.) that you know of to us.
5.We will perform the search according to agreed upon methods and
securely deliver a search
report to you, including an opinion
if procured.
6.Upon review of the search results, you can then determine how
to proceed. If the search was a patentability
search, and you want to secure patent protection for your invention,
we can handle all aspects of the patent
application process.
Consulting
Services
Generally,
Bay Area IP may be retained for consultation in a variety of competency
areas including IP development,
protection,
strategy,
marketing,
and technology
support. If you wish to explore how our proven skills can bring
significant value to your efforts, please take advantage of our free
initial consultation offer to discuss your unique situation, and
how we may be of assistance towards achieving your goals.
Becoming
a client of the firm
Generally,
Bay Area Intellectual Property Group cannot meet a patent bar
date unless we have at least 60 days prior to any bar date, for
application preparation and filing. If a prospective or existing client
has a pending patent bar date, it must be disclosed in writing
to Bay Area IP at least concurrent with the cost estimate for patent
preparation or any other related service such as prior-art searches.
Please
take notice that any unsolicited means to contact us such as email or
phone call is not intended to create a client relationship with
Bay Area IP or any of its members or employees, nor does it create a
confidentiality obligation on the firm’s part. Prior to transmitting
any information that you wish to be protected by the professional firm-client
relationship or by an obligation of confidentiality, please contact
us in such a way that no confidential information disclosed to us, and
do not send any confidential information until you are advised
to by a member of our firm.
First,
a conflict check is performed to discover if work for the new client
could potentially conflict with any existing clients of the firm.
Typical information we need from the new client is your full name
and address, and a list of any parties adverse to you. You must
also describe to us the general nature of your invention or patent
problem, without disclosing any confidential information.
This step usually occurs trasparently, most often after you provide
us this general information via online submissions or in aninitial
consultation.
If
we discover no conflicts, then we proceed to discuss with you practical
matters such as our fee schedule, policies, expected work flow,
and lead times. This is the opportunity for us to negotiate any
terms, such as volume discounts or special requirements, you desire.
If an acceptable understanding is reached, we will send you our
service agreement for you to execute. In general, we bill by the
hour (in ten minute increments) plus expenses. In addition to the
standard hourly
billing structure, we do offer various fixed-fee
opportunities upon request, but only for tasks that are predictable
in scope, and meet certain simplifying conditions. Except for flat-fee
services, the cost of our services is calculated by multiplying
our billing rate by the time it takes us to complete work you have
requested. Our hourly rates may change at any time, but your cost
estimate will always lock in the quoted billing rate until the estimate
expires. Please review in detail our fee
schedule for further information.
Prior
to beginning work, we require our new clients to advance us a retainer
fee. The retainer fee is a percentage of the dollar value we quote
you for your project plus all expected PTO fees. Our quoted fee
does not include PTO fees. The exact retainer percentage
is determined as follows:
The
retainer fee is 50% for projects quoted/estimated to exceed $750,
and
The
retainer fee is 100% for projects quoted/estimated below $750.
For
example, if we quote you $3000 to draft a full Patent Application
and PTO filing fee is $385, then our retainer fee is $1500 + $385,
or $1885. Once the retainer fee is honored by our bank, we will
commence work.
Upon
project completion, any excess balance is refunded to the client,
and any amount owed to us by the client is billed to the client,
and is due within 15 days of our project completion notice. Once
you become an established customer with a continuity of projects,
we will bill you monthly. For complete details, please refer to
our service agreement.
Disclosure
Meeting
Once
Bay Area IP has accepted you as our client, we will schedule a disclosure
meeting, usually for services billed hourly,
and not by flat-fee,
to obtain a full disclosure of the invention and to understand its detailed
workings. Depending on your location and availability, this disclosure
will be either at your location, or by way of video/teleconference,
scheduled at a mutually agreeable time. We service the San Francisco
Bay area for meetings at your location, and service clients nationally,
or internationally, through phone or video conferences, depending on
your technological capabilities.
Of
course, in-person disclosure meetings are often preferred when practical;
however, nearly all cases are suitable for remote clients who can communicate
via the Internet and telephone. An exception might be, for example,
the very rare case where to understand the invention it is critical
to view a cumbersome prototype that cannot be shipped; that is, where
pictures and schematics of the invention are inadequate. For all other
cases, when working with a remote client it is generally sufficient
to have in advance common detailed and numbered diagrams, a detailed
description, and/or photos of the invention prior to the telephone/video
disclosure meeting.