Inventors FAQ
Pro Bono - FAQ – Inventors - Other
How can an inventor apply to receive pro bono representation under the Patent Pro Bono Program?
An inventor can apply directly to his/her regional Patent Pro Bono Program. A map of the regional Patent Pro Bono Programs is found here.
What role do the regional Patent Pro Bono Programs play in the process?
The regional Patent Pro Bono Programs are at the very center of the Program. Each regional Patent Pro Bono Program sets the criteria for an inventor's participation in the program. The regional programs perform the intake function, screen potential clients, screen potential volunteer patent attorneys, and attempt to match the client with the volunteer attorney. The regional programs also maintain statistics relating to the Patent Pro Bono Program. Many programs may offer educational outreach relating to the patent process.
What is the Patent Pro Bono Program?
The USPTO began working with local bar associations and non-profit groups in 2011 as a result of the Leahy-Smith America Invents Act to establish programs to provide free legal assistance to under-resourced inventors interested in securing patent protection for their inventions. The USPTO named this effort the "Patent Pro Bono Program." Under this initiative, many regional Patent Pro Bono programs have developed across the United States.
Who administers the Patent Pro Bono Program?
At the local level, each regional Patent Pro Bono Program is administered by a non-profit entity that is responsible for the screening and referral of patent matters to licensed patent attorneys. At the national level, the Pro Bono Advisory Council, a committee of well-known patent practitioners who agreed to provide support and guidance to the Patent Pro Bono Program, facilitates various aspects of the Program.
What states are covered by the Patent Pro Bono Program?
Please see the USPTO’s Pro Bono web page for the most up to date lists of states participating in the patent pro bono program. New regional Patent Pro Bono Program are being added frequently, so the website is the best source for up-to-date information.
Can an inventor obtain patent litigation help under the Patent Pro Bono Program?
No, support through the Patent Pro Bono Program is limited to patent application filing and prosecution (i.e., the efforts to obtain a patent). Post-patenting matters, including litigation, are not covered under the Program.
What types of patent services are available to inventors under the Patent Pro Bono Program?
In general, the Patent Pro Bono Program provides services related to the filing and prosecution of patent applications. Specifically, services can include the filing of a non-provisional application and/or the prosecution of a non-provisional application up through, and to, allowance or final rejection. The scope of services provided under the Patent Pro Bono Program is designed to be flexible, accommodating the needs of both the volunteer attorney and the inventor.
How is the income limit determined?
Each regional Patent Pro Bono Program screens for its income limit. Generally, the income limit is determined by the inventor's gross household income. For instance, if the limit is 300% of the federal poverty level, an inventor who is a single person could have gross household income of up to $35,310 (3 times the poverty level) or an inventor with a family of four could have a gross household income of up to $72,900 (3 times the poverty level for a family of four). For specific information on the income limit for your region, contact your regional Patent Pro Bono Program. The federal poverty guidelines can be found at: https://aspe.hhs.gov/poverty-guidelines.
How can an inventor demonstrate knowledge of the patent system?
An inventor may demonstrate knowledge of the patent system in one of two ways. An inventor can either have an application on file with the USPTO, or alternatively, can successfully complete the certificate training course located at the following link: http://www.uspto.gov/video/cbt/certpck/index.htm. For specific information regarding knowledge requirements, contact your regional Patent Pro Bono Program.