content and format of this web site is copyrighted 2002-2006 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.
may use the Site only for your personal, lawful research and information
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sell, or disassemble any portion of this Site without express written
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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.
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
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
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.
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. Prepayment 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.
or ongoing additions to the initial disclosure, non-written disclosures,
and/or phone consultations, all may affect the flat fee in accordance
with the extra time needed to accommodate the additional work. The same
constrants apply to the flat fees paid for searches, which include the
out-of-pocket costs associated with obtaining search results but additionally
do not include incidental disbursements or filing fees.
should be specifically noted that our fees do not include government
filing fees. Currently, the government filing fee for a patent application
(recently: $500 or $1000 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.
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.
are also subject to additional government filing fees which include
issue fees (recently: $700 to $2,000) and maintenance fees (recently:
$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.
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.
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.
may also disclose your information if required to do so by law, court
order or as required by other governmental or legal entities.
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.
FOREIGN PATENT RIGHTS:
VIEWER agrees and acknowledges that VIEWER has 12 months from the filing
date of a provisional patent application ("PPA") with the
USPTO to file a patent application abroad or under the Patent Cooperation
Treaty (the "PCT") to preserve the right to priority under
the Paris Convention based on the filing date of the PPA. VIEWER agrees
and acknowledges that if no PPA was filed by VIEWER, the 12-month priority
deadline under the Paris Convention is measured from the earliest USPTO
effective filing date of any non-provisional patent application filed
by VIEWER. Foreign or PCT filing by BAIP must be requested and funded
by VIEWER within 10 months after the U.S. filing date and will be subject
to a separate written agreement between the parties. VIEWER agrees and
acknowledges that BAIP has not been retained and has not and will not
provide any counseling services to VIEWER related to the timing of any
foreign patent applications.
BAIP will attempt to obtain a patent on behalf of VIEWER by negotiating
with the USPTO using patent law and related procedures, but does not
guarantee that a strong patent, or any patent, will be allowed by the
USPTO. Moreover, VIEWER agrees and acknowledges that the quality (by
way of example, and not limitation, patent scope and effectiveness in
litigation or licensing), likelihood of allowance, and/or validity of
any patent application and/or prosecution service tends to be at least
commensurate with the amount of time spent in its preparation. Hence,
BAIP and VIEWER acknowledge that fixed-fee or maximum fee Patent Services
might be of less quality than conventional, unconstrained patent application
and/or prosecution services that are billed hourly. VIEWER is advised
to procure BAIP's non-fixed-fee patent services if work quality is of
BAIP shall use best efforts to ensure that all formal drawings created
and provided by BAIP will be accepted by the USPTO. Any corrections
to these drawings required by the USPTO will be at BAIP's expense. However,
drawings provided by VIEWER or a draftsman hired by VIEWER are not guaranteed
by BAIP in any way and VIEWER shall be solely responsible for their
acceptance by the USPTO. Any work required by BAIP to complete and/or
formalize such drawings will be at additional charge, which will be
quoted by BAIP to VIEWER and paid by VIEWER to BAIP within 30 days of
receipt of such quote. BAIP shall have no obligation to complete and/or
formalize any such drawing unless and until payment is received from
VIEWER. In some cases, it may be advisable to formalize a drawing professionally.
If professional drawings are required, BAIP would be happy to make recommendations
to VIEWER. Notwithstanding the foregoing, VIEWER shall be solely responsible
for any such professional drawings and any related third-party fees.
Under applicable United States patent law (including 35 U.S.C. §102
(b)), VIEWER acknowledges that VIEWER has a duty to inform the USPTO
if any events or circumstances occurred more than a year prior to filing
a PPA or non-provisional patent application with USPTO. Such events
include, but are not limited to: VIEWER's invention that is the subject
of a PPA or non-provisional patent application was (a) sold or offered
for sale in the U.S., (b) described in a printed publication or claimed
in a patent anywhere, or (c) disclosed to or used by the public within
the United States more than one year prior to filing.
VIEWER understands that it is illegal to claim patent pending status
prior to the date a patent application is properly filed. A PPA provides
patent pending status for one year, but never becomes a patent. If a
utility or design patent application is to be filed by BAIP based on
a PPA, VIEWER must request and fund such application within 10 months
after the filing date of the PPA. BAIP shall provide VIEWER with a fee
quote for filing any such utility or design patent applications upon
VIEWER understands that maintenance fees are due every 3.5 to 4 years
after a utility patent is issued by the USPTO. IT IS THE SOLE RESPONSIBILITY
OF VIEWER TO REMEMBER ALL FEE DUE DATES AND TIMELY PAY ALL FEES. FAILURE
TO PAY ANY FEES WHEN DUE MAY JEOPARDIZE THE VALIDITY OF APPLICABLE PATENT(S)
AND/OR PATENT APPLICATION(S).
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.
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.
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
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.
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.
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.
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.
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
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
"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, Viewers 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. VIEWERS USE OF THE Website AND/OR
BAIPS WEBSITE IS AT VIEWERS 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, Indemnification: TO THE
FURTHEST EXTENT PERMITTED UNDER 35 U.S.C. §§1-376 AND
ALL RELATED REGULATIONS (THE "PATENT ACT") AND ALL OTHER
APPLICABLE LAWS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow limitation or exclusion of incidental
or consequential damages, so the above limitation or exclusion may
not apply to VIEWER in all circumstances. TO THE FURTHEST EXTENT
PERMITTED UNDER THE PATENT ACT AND ALL OTHER APPLICABLE LAWS, IN
NO EVENT SHALL EITHER PARTY'S TOTAL LIABILITY FOR ANY DAMAGES, DIRECT
OR INDIRECT, IN CONNECTION WITH THE PATENT SERVICES OR ANY OTHER
SERVICES RENDERED BY ONE PARTY TO ANOTHER EXCEED THE GREATER OF
(A) THE AMOUNT PAID HEREUNDER DURING THE SIX MONTH PERIOD PRIOR
TO THE CAUSE OF ACTION ACCRUING OR (B) $50,000, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT OR OTHERWISE.
ALL SERVICES, RELATED WORK PRODUCT, AND INFORMATION PROVIDED BY
BAIP TO VIEWER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THIS
WEBSITE, OUR "PPA KIT", IS PROVIDED "AS IS"
AND BAIP EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES
AND CONDITIONS (INCLUDING THOSE BY THIRD PARTIES), INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT ANY SOFTWARE
OR THE SERVICES WILL BE FREE OF INTERRUPTIONS, VIRUSES OR ERRORS
OF ANY KIND. Some jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above limitation
may not apply to you.
VIEWER agrees to be solely responsible for any damages caused by
corruption, or viruses, and etcetera contained within the electronic
files of this website. Moreover, while diligent effort has been
made to make sure that the information on this Website is accurate
as of the date of its original publication, VIEWER should be aware
that patent fees, laws, rules, and USPTO procedures frequently change.
VIEWER should validate that all information VIEWER uses is accurate
and agrees to hold BAIP harmless for any damages arising out of
or related to this website.
To the furthest extent permitted Except for patent prosecution related
matters performed before the USPTO under the Patent Act37 C.F.R.
§10.78, VIEWER expressly understands and agrees to indemnify
and hold BAIP, and its agents, employees, successors and assigns,
harmless from any expense, injury, loss or damage incurred in connection
with any legal action arising out of or related to:: (a) the use
or the inability to use this website or BAIP service(s) or BAIP
work product(s); (b) the actions or inactions by third party service
provider(s) that BAIP reasonably relies upon (e.g., without limitation,
online payment service(s), web hosting, USPTO, contractors, and
the US postal service); (c) the failure to meet a patent bar date
or any other kind of deadline if VIEWER has not given BAIP sufficient
written notice as set forth herein; (d) BAIP providing filing services
on behalf of VIEWER, whereby BAIP acts as VIEWER's proxy but solely
files with a patent office, or treaty organization, material substantially
produced, or authored, by VIEWER (and not BAIP), even if BAIP has
reviewed or revised the material; or (e) any claim by the USPTO
and/or VIEWER against any agent, employee or contractor of BAIP).
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
Viewers 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 BAIPs
feedback, if any, Viewers PPA is extremely likely to satisfy
minimum legal requirements. Minimum means that at least
Viewers 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.
COSTS- PATENT APPLICATION SERVICES: VIEWER will
also be billed for any costs, charges and expenses incurred during
the rendition of the Patent Services on behalf of VIEWER. Such costs,
charges, and expenses include, but are not limited to, USPTO fees,
search fees, foreign associate fees, formal drawing preparation,
telephone calls, telex, facsimile, photocopying, postage, filing
fees, parking fees and travel. These costs, charges, and expenses
advanced on VIEWER's behalf are billed to VIEWER at cost plus 5%.
If VIEWER so desires, the 5% overhead charge can be eliminated by
prepaying for such expenses, whereby any unused amount shall be
refunded upon completion of filing by BAIP. Notwithstanding the
foregoing, USPTO and other filing fees must be paid prior to filing
the patent application and/or prosecution work product by BAIP.
BILLS; PROMPT PAYMENT: Except as stated in this Agreement and unless
otherwise stated by BAIP in writing, full payment of BAIP bills
is due when BAIP presents VIEWER with a draft work product performed
under this Agreement (by way of example, and not limitation, a patent
application specification, an office action response, prepared drawings,
an opinion or analysis, etc.). All bills must be paid prior to BAIP
finalizing the draft work product or delivering the final work product
to VIEWER or any filing thereof with the USPTO. The parties agree
that any bill(s) not paid within fifteen (15) days of being due
constitutes a material breach of this Agreement, whereby VIEWER
acknowledges (a) a 9.5% late fee will be charged to all outstanding
VIEWER balances, (b) a 1.5 percent per month interest rate shall
automatically begin to accrue and be due, and (c) BAIP shall have
the right to discontinue all Patent Services and/or withdraw from
representing VIEWER as a viewer of BAIP. BAIP will not withdraw
its representation without providing a notice of BAIP's intention.
Such notice shall be delivered by BAIP verbally, by email, or by
mailing a certified letter to VIEWER's last known address. BAIP
shall impose a $50 charge on any returned check. Moreover, if bills
are not paid within thirty (30) days of being due, VIEWER acknowledges
and agrees that VIEWER is obligated to assign or otherwise vest
ownership in and to BAIP of any property (including but not limited
to all technical data, inventions, patents, and patent applications)
involved in the engagement and VIEWER waives any right to any future
compensation (including, but not limited to, royalty payments) from
BAIP. If to enforce the foregoing non-payment provision BAIP is
unable for any reason to secure VIEWER's signature to any document
required to file, prosecute, register or memorialize the assignment
of any right under this Agreement, VIEWER hereby irrevocably designates
and appoints BAIP and BAIP's duly authorized officers and agents
as VIEWER's agents and attorneys-in-fact to act for and on VIEWER's
behalf and instead of VIEWER to take all lawfully permitted acts
to further the filing, prosecution, registration, memorialization
of assignment, issuance and enforcement of rights under such VIEWER
Innovations, all with the same legal force and effect as if executed
by VIEWER. The foregoing is deemed a power coupled with an interest
and is irrevocable.
INITIAL RETAINER: As with all new client relationships, BAIP requests a retainer payment to begin work on the Patent Services to CLIENT under this Agreement. Based upon the Patent Services VIEWER wishes to procure, which Patent Services fees and costs are quoted in writing by BAIP, BAIP requests that an initial retainer payment be made to BAIP that is at least equal to the retainer amount requested in said written cost quote. Generally, upon engagement, BAIP will set up VIEWER’s case in our systems, review any prior emails, materials, disclosures (including cited prior-art), and keep adequate time available in BAIP’s docket to perform the Patent Services requested by VIEWER. VIEWER and BAIP acknowledge that a retainer payment, even if partial, retains BAIP to be available for work on VIEWER’s procured service(s) for a period of two months after the honored retainer payment is received by BAIP, and is non-refundable. VIEWER acknowledges that the retainer payment must be honored prior to beginning any work, unless BAIP decides otherwise, at its sole discretion. During this two-month period, VIEWER is to provide all requested information to BAIP; otherwise, said written quote for Patent Services related to said retainer shall expire, and additional reasonable retainer payments and/or published fee increases may be required by BAIP in its sole discretion. Moreover, VIEWER understands that any time BAIP keeps available after the requested period waiting on VIEWER to provide the requested information is billable time that shall be billed against the retainer. Hence, to avoid surcharges, VIEWER is encouraged to promptly provide requested invention disclosure information and avoid long delays. BAIP may quote VIEWER a substantially reduced cost (e.g., without limitation, small entity fee reductions, or flat-fee offers) for certain services. Such services will generally be performed in milestone stages; e.g., patent search, then a draft specification, then draft claims, then patent application filing; wherein, if, for any reason, a refund or any kind penalty fee(s) is forced upon BAIP by some 3rd party (e.g., without limitation, VIEWER initiates a credit card chargeback or a legal dispute) after completion of a given stage of work, VIEWER agrees that the corresponding non- reduced fees are instead billable against any retainer paid to that date, and are reconciled prior to such 3rd party (e.g., without limitation, a credit card company) calculating any refund (e.g., without limitation, a chargeback) due VIEWER. VIEWER acknowledges that under the Utility patent flat-fee quote, BAIP’s delivery of a draft specification achieves two thirds of the flat-fee quoted, and delivery of draft claims achieves the remaining one third thereof, and for PPA or office action response work, delivery of a first draft work product achieves 100% of the flat-fee quoted. And for patent search work, delivery of a search report achieves 100% of the flat-fee quoted.
ADDITIONAL RETAINERS; FEE SUPPLEMENTS: BAIP may require VIEWER to
deposit additional funds based on the anticipated cost of future
fees and expenses if the initial prepayment amount is exhausted.
VIEWER agrees to send BAIP the requested amounts within ten (10)
days of BAIP's request. Failure to advance such funds on a timely
basis shall absolve BAIP of any responsibility for advancing any
costs on VIEWER's behalf. Any VIEWER cost prepayments which are
not utilized by BAIP in performing the Patent Services are fully
refundable to VIEWER upon request.
PRE-CONDITION TO COMMENCEMENT OF SERVICES: VIEWER and BAIP acknowledge
that BAIP will not begin to render Patent Services until VIEWER
executes this Agreement by signing/dating the signature page, initialing/dating
all pages, and submits a hardcopy thereof to BAIP together with
the required retainer, which retainer must be honored by BAIP's
bank. After any filing with the USPTO, or any other patent office,
of any work product under this Agreement, by BAIP or VIEWER or any
third party, VIEWER acknowledges that BAIP will not perform and/or
bill for any further services to VIEWER including, but not limited
to, prosecuting VIEWER's filing, preparing/filing a patent application,
and responding on VIEWER's behalf to any correspondence from the
USPTO, without at least receiving the following: a properly executed,
then current, hardcopy version of BAIP's service agreement; and
the requested additional retainer; and, the prior payment of any
outstanding bills due to BAIP by VIEWER
Necessary Time Deadlines; Disclosure by VIEWER; VIEWER Responsibility:
Unless otherwise agreed upon in writing, BAIP will have no obligation
to meet any due date (including, without limitation, bar dates,
office action response dates, priority filing dates, PPA expiration
date, prosecution response deadline, and/or patent application filing
dates) imposed by VIEWER, the USPTO or any other governmental body
unless BAIP has all information reasonably necessary to meet such
due dates (including receipt of all applicable payments) at least
60 days prior to any such due date. In particular, VIEWER and BAIP
acknowledge that VIEWER must both engage BAIP under this agreement
and provided all information reasonably necessary for BAIP's work
to begin, both at least 60 days prior to any deadline or due date.
VIEWER shall disclose in writing to BAIP prior to VIEWER's execution
of this Agreement and again upon engagement all applicable pending
patent bar date(s) or any other kind of patent related filing deadlines.
BAIP and VIEWER acknowledge that VIEWER is solely and ultimately
responsible and liable for establishing and/or verifying all required
future actions, and the timing thereof, required to preserve and/or
establish VIEWER's intellectual property rights, including, but
not limited to, U.S., or International, or other filing deadlines
Furthermore, except to the extent prohibited by any applicable law,
BAIP and VIEWER further acknowledge that if any work product produced
under this Agreement, directly or indirectly, in whole or in part,
is filed by VIEWER with the USPTO, or any other patent office, VIEWER
shall be completely and solely responsible and liable for timely
and properly satisfying any and all requirements set forth by applicable
patent law, including, without limitation, meeting all applicable
current or future filing deadlines; making all required fee payments;
and satisfying all other filing requirements that are directly,
or indirectly, related to the filed work product.
COSTS- NON-PATENT APPLICATION SERVICES: Fees for
non-patent application services (e.g., patent search, opinions,
etc.) do not include any other related costs (e.g., courier, copying,
etc.). There are no additional fees if all communications are done
electronically. VIEWER agrees to prepay for any work or product
ordered, and that all orders are irrevocable and nonrefundable,
and that failure to pay within 15 days of when promised shall be
deemed a breach and accept judgment on the basis of that breach;
9.5% plus APR shall be charged on all fees over 15 days late. BAIP
maintains no obligation to perform additional work once the work
ordered has been completed; BAIP shall impose a $40 returned check
We do not anticipate having any disagreements with
VIEWER about the quality, cost or appropriateness of our services,
but if any concerns about these matters arise, please notify us
immediately. The parties agree to endeavor to resolve any disagreements
in a fair and amicable manner. If, for some reason, the parties
are not able to resolve any disputes raised by VIEWER, then the
parties acknowledge that VIEWER will first attempt to litigate
all disputes for which the USPTO has jurisdiction dispute before
the USPTO in accordance with the relevant provisions of the Patent
Act35 U.S.C. § 31 and 37 C.F.R. Part 10, whereby the Commissioner
of Patents may order that BAIP pay full or partial restitution to
VIEWER based on the merits of the case. BAIP and VIEWER acknowledge
that the Commissioner of Patents' judgment on the dispute may be
entered in any court that has jurisdiction over the matter and VIEWER
will be estopped from bringing any additional claims arising out
of or related to the dispute against BAIP. Should the USPTO venue
or judgment be found to be unenforceable as a matter of law, or
if BAIP is the initiator a claim that results in a dispute, BAIP
and VIEWER acknowledge to, in good faith, settle the dispute through
mediation in San Francisco, California conducted by a mediator to
be mutually selected. The parties will share the costs of the mediator
equally. 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 thirty (30) days
after it is referred to the mediator, then BAIP and VIEWER may initiate
an arbitration wherein all disputes, claims, or controversies arising
out of or relating to this Agreement, or any other agreement executed
and delivered pursuant to this Agreement, or the negotiation, breach,
validity, termination or performance hereof and thereof or the transactions
contemplated hereby and thereby, that are not resolved by mutual
agreement shall be resolved solely and exclusively by binding arbitration
to be conducted before the American Arbitration Association (the
"AAA") or its successor. 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.
VIEWER agrees to not use, solicit others to use, or otherwise indirectly induce or have others use the "Bay Area IP", “bayareaip”, or "Bay Area Intellectual Property group" name, or any variants thereof (e.g., without limitation, alternative abbreviations, idioms, spacing, punctuation, etc. thereof) as part of any Internet domain name, and agrees to transfer without cost to BAIP any such domain name to BAIP upon BAIP’s request. VIEWER agrees to not solicit or provoke or participate in any class action litigation against BAIP; moreover, VIEWER agrees to first seek from BAIP written clarifications of facts for any issues, and unless BAIP fails to provide a reasonable and factual explanation, VIEWER agrees to not make, cause to be made, or assist in making any non-factual (as determined above) disparaging remarks against BAIP on the Internet or printed media, for which VIEWER agrees that any breach of the foregoing is an injurious liable action by VIEWER against BAIP, and VIEWER may not claim otherwise in any court of law, and VIEWER accepts compensatory damages as set forth by BAIP, at BAIP’s sole discretion. Moreover, if VIEWER materially breaches this agreement and VIEWER’s account is delinquent then VIEWER agrees to being obligated to assign or otherwise vest ownership in and to BAIP of any intellectual property (e.g., patent applications, patents, etc.) related to any service(s) rendered under this agreement and VIEWER waives any right to any future compensation from BAIP.
Hold Harmless, BAIP PERSONNEL: To the furthest
extent permitted under the Patent Act and any other applicable law,
VIEWER agrees to hold all BAIP employees, agents, officers, managers,
and consultants (the "BAIP Personnel")
harmless from and
against any claims or damages arising out of or related to this
Agreement initiated by VIEWER and further agrees not to initiate
any legal proceeding of any kind or nature against any BAIP Personnel,
as individuals. Notwithstanding the foregoing, VIEWER may initiate
any legal proceeding for which VIEWER has standing against BAIP.
The parties agree that for purposes of this Section 10, BAIP Personnel
are third party beneficiaries to this Agreement.
Termination of BAIP's Representation: Either VIEWER
or BAIP may terminate BAIP's representation of VIEWER at any time
for any reason upon written notice to the other party. At the time
BAIP's representation of VIEWER concludes, all unpaid fees and costs
for Patent Services rendered become due and payable. If, at the
time of termination, VIEWER does not request the return of its files
or their transfer to another firm, BAIP will retain VIEWER's files
for a period of one (1) month, after which BAIP may have the files
destroyed. Upon conclusion of BAIP's representation, BAIP is no
longer responsible for taking any further action (including, but
not limited to, responding to USPTO Office Actions or filing of
patent applications or attending to payment of maintenance or annuity
fees) on VIEWER's behalf. VIEWER also acknowledges and agrees that
if BAIP's representation is concluded, that BAIP may withdraw as
VIEWER's representative in any of VIEWER's matters, or administrative
proceeding, or other matters before the USPTO or any other governing
body (such as, without limitation, WIPO for PCT), and to substitute
VIEWER in said matter or proceeding as VIEWER's own attorney.
All permitted remedies contained in this Agreement shall not be
deemed to be exclusive remedies for any breach of this Agreement,
but shall be in addition to all other remedies available at law
or in equity. The definitions and notices contained in this Agreement
and the rights and obligations contained in sections "Costs",
"Termination", "Limitation of Liability", Necessary
Time Deadlines, "Dispute Resolution", Hold Harmless",
and "Controlling Law" will survive any termination or
expiration of this Agreement.
The validity, interpretation, and performance
of this Agreement will be controlled and construed under the laws
of the State of California. 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.