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Welcome Letter from our Founder:
Legal Guidance on Common Pitfalls to Avoid in the Patenting Process, esp. in Choosing Your Patent Attorney
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 prosecution law 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.
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I would expect that since you found this web page via a web search engine you are most likely a small entity (e.g., individuals and small business with < 50 employees). Sad to say 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 seriously "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. |
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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 ensure 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:
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Has my
idea/product/process already been patented?
Because if it has, you will be legally blocked from making and selling it to
anyone.
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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
their 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.
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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?
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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 their 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 the USPTO's very sophisticated EAST system/database, which is ONLY located inside the search room at their main campus and is EXACTLY the same and only system that the Patent Examiners use to find the 'prior-art' they will base any rejection of your patent upon. Patent Examiners do not even touch the free public patent search engine on their website or any online databases because Examiners know they are far inferior. If the Patent Examiner finds prior-art then they will reject your patent, otherwise, you will get your patent issued.
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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.
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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. it had a favorable patentability legal opinion. If they demand a favorable patent search before going ahead, shouldn't you? |
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This is a big reason why almost 85% of all patent applications are initially rejected. A well trained Patent Examiner will be deciding the fate of your 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 client's patents after the patent filing, at great expense.
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.
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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 20 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 new testimonials from our corporate and individual clients throughout the USA and worldwide- click here for real new testimonials . I think many new 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 new 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. |
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, we can 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 flat-fee reduction offer will save you a great deal of money off our already competitive rates that Bay Area IP bills our larger 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 Get started, simply click on the patent search or quote request links above, or give us a toll-free call for more information.
Sincerely,
Ari S. Tolila
Principal Partner, Bay Area IP, llc
US Patent Bar no. 52614
P.S.-
I expect that very few will have been diligent enough read my letter this far down the page. So, to reward those smart and diligent few that like to understand the important details needed to make a good decision (my favorite kind of client), if after placing your search order, you mention that you want a 'Free Pro Upgrade' while this offer is active, we will give you a free upgrade on your patent search to also cover International patents, and give you a free upgrade to our 'Pro' level search, which uses our top researcher to do your search- this combo upgrade alone is a $300 value. FYI, not all Patent Examiners are created equal. Most are very good, and have 1-3 years experience (most of our staff); however, we have one Patent Examiner engineer who has over 15 years technology Examination experience at the Patent Office and is better than 95% of all Patent Examiners- he is one of the best researchers out there. We charge a lot more for him, and tend to use him only on large corporate accounts who can afford it, which is why we can only afford to reward the diligent few, like you.