notices_disclaimer -- Patent Information, Patents, Search, and Invention Development

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notices & disclaimer

COPYRIGHT NOTICE

The content and format of this web site is copyrighted 2002-2004 by Bay Area Intellectual Property Group, LLC. All rights reserved. A viewer may download any pages hereof for personal use provided this copyright notice and disclaimer page is attached to any copies thereof.

You may use the Site only for your personal, lawful research and information gathering purposes. You may not modify, adapt, sublicense, translate, sell, or disassemble any portion of this Site without express written consent from Bay Area IP.

General Notices

Generally, Bay Area Intellectual Property Group (Bay Area IP) cannot meet a patent bar date or any other kind of deadline unless we have at least 60 days prior to the deadline or bar date, for application preparation and filing. If a prospective or existing client has a pending patent bar date or or any other kind of deadline, 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.

Bay Area IP is happy to provide a free, or reduced cost, initial consultation to an Viewer at no charge, provided the Viewer review all of the information materials on our website before contacting contacting us. Such initial consultation does not include rendering of any patent related opinions or performing any legal services, which are at additional charge. Our firm cannot give you legal advice or act as your agent unless and until you have hired us by signing and returning our service agreement with payment. Hiring a practitioner is an important decision that should not be based solely on advertisements. Information on the background of our Principal has been posted on this web site. We would be glad to provide additional information on our qualifications and experience upon request.

Bay Area IP, or member of the firm, is not an invention promoter or broker. We do not recommend the services of any such individuals or companies. Our practice is limited to preparing and prosecuting Patent Applications before the Patent & Trademark Office and related Intellectual Property matters.

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. Bay Area IP will treat as confidential, on a best efforts basis, any disclosure from an Viewer who is not a client of Bay Area IP, but Bay Area IP reserves the right to retain or return such a disclosure without such activity establishing an practitioner-client relationship. It should be further noted that Bay Area IP does not consider any of the following acts as creating a client relationship with the firm or any of its members or employees: reading the information provided from our website, contacting us via Internet e-mail, or submitting information to us by a prospective client. 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.

Legal fees for filing a patent application are quoted only after a disclosure is made of the underlying technology. The complexity of the technology involved and any expedited handling of the case will affect the overall fee. For patent related matters costing over $750, Fifty percent of our fee is due prior to initiating our work, and the remainder of our fee is due upon completion of the task, (e.g., for patent applications, upon completion of the final draft and prior to filing the application). Consulting services require a retainer, paid in advance, for all work to be performed. Generally, we do not extend credit to new clients until credit worthiness has been established.

Significant or ongoing additions to the initial disclosure may affect the flat fee in accordance with the extra time needed to accommodate the additions. The flat fees for searches include the out-of-pocket costs associated with obtaining search results but do not include incidental disbursements or filing fees.

It should be specifically noted that our fees do not include government filing fees. Currently, the government filing fee for a patent application is approximately $375 or $750 depending on whether the applicant qualifies as a "small entity." However, this filing fee may be higher if more than three independent claims and/or 20 dependent claims are filed with the patent application.

Furthermore, the fee for the patent application only applies to the initial application as filed. In most cases, an office action is received from the United States Patent and Trademark Office which may require a legal response. Our office will estimate the complexity of the response and provide a second quote for handling the office action.

Patents are also subject to additional government filing fees which include issue fees ($650 to $1,300) and maintenance fees ($445 to $3,150). Please understand, these are government filing fees which are paid directly to the Assistant Commissioner for Patents or the Assistant Commission for Trademarks by our office.

Foreign filings, for both trademarks and patents, are quoted on a country-by-country basis, based upon the current rates of exchange, existing official fees, and foreign associate rates.

Bay Area IP collects information necessary for us to evaluate your invention and to conduct a proper search. This information is not provided to any third party without your authorization. We collect IP addresses to help diagnose problems and for system administration. We also may use raw data information for research purposes.

We may also disclose your information if required to do so by law, court order or as required by other governmental or legal entities.

Users creating their own hyperlinks to pages on this site are requested and cautioned to do so in a manner which maintains a clear distinction between the user's content and content published by Bay Area IP. Users packaging pages from this Web site hyperlinked within frames are requested and cautioned to properly identify content provided by Bay Area IP.

DISCLAIMERS

The content of this web site is for information only and cannot be relied upon as legal advice due to the complexity and changeability of the subject matter and relevant laws. It is not a substitute for obtaining legal advice. This website is meant to be educational in order to help inventors learn background information before consulting a practitioner, and, therefore, none of the information provided therein constitutes legal advice, nor does it create or constitute any practitioner-client relationship. Any reliance on information contained in our website is taken at your own risk. Since the best course of action in any specific matter will depend on the specific facts of the matter, NOTHING on this site can provide a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your particular situation. That is, no recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate professional advice on the particular facts and circumstances at issue from an appropriately licensed practitioner. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. BAY AREA IP expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. The publication of this website is without any warranty, implied or expressed.

Because these web pages summarize complex laws and procedures, and because these laws and procedures sometimes change, we cannot guarantee that this information is complete or accurate. Bay Area IP is not responsible for the accuracy, completeness, timeliness, reliability, content or availability of any information or service (including, but not limited to, transmission, transmission methods, or manipulation of the information) accessed or received by you as a result of your use of the Site.

Please do not e-mail us any confidential information by unsecure means. If you are seeking patent counsel, contact us by telephone. We disclaim any responsibility to maintain the confidentiality of any information transmitted to BAY AREA IP by Internet e-mail absent a pre-existing practitioner/client relationship. In addition, please be aware that contacting BAY AREA IP via Internet e-mail does not create a practitioner/client relationship.

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.

This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by BAY AREA IP.

Nothing in this website should be construed as a guarantee of specific results for a client. As noted in inventor information pages, the relative success or failure of a patent depends largely on the value and worth of the underlying invention itself. Competent prosecution can help insure that what rights are available to an inventor are properly secured. However, we do not guarantee or suggest that our skills in Patent Prosecution can cause your underlying invention to succeed. Moreover, the chances or obtaining a Patent or a Patent of specific coverage depend upon a number of factors, many of which are outside the control of the practitioner, including the posture of the Examiner, discovered Prior Art, and the reasonableness and dedication of the inventor to the project. We can only promise to use our best efforts in attempting to obtain Patent Protection for you.

A patent practitioner cannot ethically guarantee that a patent or trademark will be allowed by the United States Patent and Trademark Office. Our legal fees are not contingent on the allowance of an application and the United States Patent and Trademark Office does not refund filing fees to unsuccessful applicants. Filing an appeal to a final rejection will incur additional legal fees and expenses.

Patent search services and patentability opinions are not infallible. That is, a patentability (novelty) search of reasonable duration may not (and probably will not) find all of the prior art in existence everywhere in the world. The validity of an issued patent can be threatened if a prior art reference was not brought to the attention of the Examiner during prosecution of the patent application.

The quality of an issued patent can be affected by factors controlled by the inventor(s). One of such factors is the thoroughness of the patentability search. Another is the ability of the inventor(s) to "teach" the invention and the differences between the invention and the prior art to a competent and experienced, registered patent agent who has the ability to understand inventions of that type. There can be a vast difference between the quality of a "minimal cost" patent and a well-prepared, but valuable, one. In other words, in the intellectual property field as in many others, "You get what you pay for."

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

Terms of Service Agreement

DEFINITIONS.
"Website" includes any information contained in, or accessible from, http://www.bayareaip.com or other mirror websites thereof.
"Viewer" includes any entity or person that, in electronic or physically printed form, views, prints, copies or otherwise manipulates information contained on this website.

This is an agreement between Bay Area Intellectual Property Group, a Nevada LLC (“BAIP”) and Viewer for patent services that Inventor has retained BAIP to provide.

License and No Conveyance: The Website is only for personal use by Viewer, and may not be copied without written consent from BAIP. If Viewer downloads or otherwise accesses our Website, Viewer’s use of our Website is subject to the terms of this agreement. Nothing contained in this agreement may be construed to convey to Viewer any interest, title, or license in the Website or any of its content..
The information provided in the Website does not replace legal advice from the appropriate licensed professional. The information provided is for educational purposes only to help inventors learn background information or prepare a draft PPA before consulting a practitioner. VIEWER’S USE OF THE Website AND/OR BAIP’S WEBSITE IS AT VIEWER’S SOLE RISK. The Website is provided on an "AS IS" and “AS AVAILABLE” basis. BAIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT except the money back guarantee in item 9.
LIMITATION OF LIABILITY: While BAIP believes that the information in the Website is accurate and safe, BAIP cannot be responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or accessibility of Website content (including, but not limited to, transmission, transmission methods, or manipulation of the information) accessed or received by Viewer. All responsibility and/or liability for any damages caused by corruption, viruses, and etcetera contained within the electronic files of the Website are disclaimed. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Viewer FROM BAIP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Viewer EXPRESSLY UNDERSTANDS AND AGREE THAT BAIP WILL NOT BE LIABLE TO Viewer FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE BAIP SERVICE(S), AND/OR WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE(S) RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE(S) PURCHASED; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF Viewer’s TRANSMISSIONS OR DATA; (d) FAILURE TO INSURE THE COMPATIBILITY OF Viewer’s SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT Viewer PROVIDE TO RECEIVE BAIP SERVICE(S) AND/OR WEBSITE) WITH BAIP SERVICE(S) AND/OR WEBSITE, OR (e) ANY OTHER MATTER RELATING TO BAIP SERVICE(S), AND/OR WEBSITE. Viewer’s SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BAIP IN CONNECTION WITH BAIP SERVICE(S) AND/OR WEBSITE IS BY WAY OF PROVIDING NOTICE TO BAIP OF THE PROBLEM, AND ABIDING BY BAIP'S DECISION ON THE MATTER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO Viewer. Moreover, diligent effort has been made to make sure that the information in this Website is accurate as of the date of original publication. However, Viewer should be aware that patent fees, laws, rules, and USPTO procedures frequently change. Viewer should validate that all information Viewer uses is accurate.
The quality of an issued patent depends on some factors controlled by Viewer. Such factors include a prior-art search, and the ability of the Viewer to "teach," in a patent application, invention disclosure, and/or directly to a patent practitioner, how to make and use the invention and its differences from the prior art. There can be a vast difference between the quality of a "minimal cost" PPA and a well-prepared regular patent application; e.g., because claims are not prepared in a PPA, as opposed to regular patent applications, the scope and strength of Viewer’s future patent protection could be compromised. BAIP makes no promises or guarantees to Viewer about the outcome of Viewer's matter except as described in item 9. However, if Viewer follows the step-by-step instructions in the PPA kit, and follows BAIP’s feedback, if any, Viewer’s PPA is extremely likely to satisfy minimum legal requirements. “Minimum” means that at least Viewer’s exact invention may be legally claimed under 35 USC §112 (1) in the corresponding utility application.
The Website may provide references to third parties and/or links to other World Wide Web sites or resources. Because BAIP has no control over such entities and/or sites and resources, Viewer acknowledges and agrees that BAIP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such their parties, sites or resources. Viewer further acknowledges and agrees that BAIP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third party, site or resource.
NOTICE: Notices to Viewer may be made via either email or regular mail. BAIP may also provide notices of general matters by sending email, or by posting material on http://www.bayareaip.com. Notices by Viewer to BAIP must be given by calling: 1-415-515-3005; LEGAL NOTICES must be given by letter delivered by first class US mail to Bay Area IP, P.O. Box 210459, San Francisco CA, 94121-0459.
We do not anticipate having any disagreements with Viewer, but if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If, for some reason, we were not able to resolve any disputes ourselves, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The Viewer shall pay the costs of the mediator. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be paid by Viewer.
The validity, interpretation, and performance of this Agreement will be controlled and construed under the laws of the State of Nevada. Venue in any action in law or equity arising from the terms of this Agreement shall be the court of appropriate jurisdiction nearest to Reno and within Nevada. Any and all clauses, or parts of this Agreement found by a court of law to be unenforceable shall not affect the enforceability of the rest of this Agreement.