1. Scope of Technical Services
InfoTree™ provides specialized technical patent research services. These services involve the systematic identification, structured analysis, evaluation (including culling), and retrieval of pertinent patent and non-patent literature for our Clients. With over 30 years of industry experience, InfoTreeTM as a high-level patent research subject matter expert will apply elaborate, proven search methodologies to identify relevant prior art based on technical parameters provided by you, the Client.
InfoTree™ provides the Client with a direct and unambiguous value proposition: to focus exclusively on pertinent technical discovery and the identification of prior art, which can subsequently be utilized by a registered patent agent or patent attorney to furnish a legal opinion or formulate a prosecution strategy.
2. InfoTreeTM provides no legal advice or patent agent services
You, the Client acknowledges and will agree to the following:
- Non-Legal Capacity: InfoTreeTM is a professional patent search specialist and is not a registered patent agent or a licensed patent attorney.
- No Legal Opinions: Any reports, summaries, or communications provided by InfoTreeTM are for informational and technical purposes only. InfoTreeTM does not provide legal opinions regarding patentability, non-obviousness, freedom-to-operate (FTO), validity or infringement.
- No Prosecution Services: InfoTreeTM does not draft patent claims, file applications, or represent you before the USPTO, CIPO, EPO or any other patent office.
- Independent Review: As a client you are strongly encouraged to have the InfoTreeTM comprehensive patent search results reviewed by a qualified patent attorney or registered patent agent to determine the legal implications of the findings provided by InfotreeTM.
3. Limitation of Search Scope
InfoTreeTM combines 30+ years of expertise with industry leading, professional-grade on-line databases to provide comprehensive patent research results. However, a patent search can only be as thorough as the records available at the time of the search and the keywords/classes utilized in searching. No search is a guarantee that all relevant prior art has been identified, particularly regarding “hidden” art such as unpublished pending applications, obscure foreign-language disclosures and patent office or on-line database machine or human errors in classification or data entry.
InfoTree™ patent research quotations exclude non-patent literature (NPL) searching by default. However, NPL research can be added for an additional cost and extended lead time. This requirement is typically identified following a review of the patent search results or based on the complexity of the technology involved.
4. Suggested Retainer Options for Clients of InfoTreeTM
For most projects a 50% upfront retainer is required by you, the Client. This covers InfoTreeTM initial research time and ensures that you, the Client is committed. Balance on delivery of the final patent search report.
For simultaneous, multiple patent search requests, involving a substantial time committment by InfoTreeTM you the Client will be asked to provide payment in stages.
- Initial Retainer: 50% of the total project estimate before work begins.
- Progressive Billing: Invoices on completion of certain searches or after completing a number of searches.
- Final Payment: The remaining balance due upon delivery of the final patent search report(s).
If the scope of the proposed patent research is fluid or if you wish to retain InfoTreeTM on a hourly basis:
- Deposit: of $3,000.00 CDN upfront.
- Mechanism: InfoTreeTM will draw hourly fees from this fund. When the balance drops below $1,000.00, you, the Client will “top it up” to continue work by InfoTreeTM.
- Out-of-Pocket Expenses: Please note the retainer does not include on-line database access fees, printing costs, or document delivery charges. These will be billed as disbursements at cost by InfoTreeTM.