So, you’re interested in the pro bono program, but you’re not sure what it is or who can
use it. Maybe you already know a little about it but you want more information on how to
qualify and take advantage of its services. Well, you’ve come to the right place.
Let’s face it: getting a patent is not cheap. Even though the fees the United States Patent
and Trademark Office (USPTO) charges are relatively modest, the cost of hiring a patent attorney
to properly write and prosecute a patent application is the main barrier to getting a patent for
many inventors and small businesses. The USPTO knows this, and we want to help.
After the America Invents Act passed in 2011, the USPTO began working with intellectual
property law associations across the country to help them establish pro bono inventor assistance
programs in their specific regions. These pro bono programs are intended to provide
free legal services to qualified applicants. To qualify, there are a few requirements you
must meet: First, you must have an invention—not just
an idea. One way to demonstrate this is to create a description of your invention that
is detailed enough to allow someone with reasonable skills in that field of technology to build
it. This is part of the patent application process called “reduction to practice.”
You also need some basic knowledge of the patent system, which you can get through training
modules on the USPTO website. Next, it’s very helpful if you’ve completed
a patent search to make sure nobody has already patented an invention the same, or similar,
to your own. In other words, your invention must be novel and non-obvious.
Finally, you’ll need to demonstrate that you qualify based on financial need. How much
is that? Currently, each program has varying maximum household income levels that determine
if you qualify. Alright, got all that? Great. If you’re
ready to apply for pro bono assistance, you should begin the process by going to the Federal
Circuit Bar Association website at w w w, dot, f e d c I r b a r, dot, org. When you
get there, select “PTO Pro Bono Program” and then pro bono service request, which is
under the Clearing House heading. You can also get to the PTO Pro Bono Program
page from the pro se slash pro bono page at www, dot, uspto, dot, gov slash inventors.
Now, we need to remind you that not everyone who qualifies or applies for pro bono assistance
will be selected for the program. Pro bono assistance should not be squandered on obtaining
patents with no commercial value. If your invention does not meet certain standards,
it could be rejected by the Pro Bono Program. And just remember that each regional pro bono
program is slightly different, so there may be additional factors that affect your acceptance
into a specific program. The overarching goal of the pro bono assistance
program is to make sure that no deserving invention goes without patent protection because
its inventor cannot afford legal assistance. So, do your homework, educate yourself about
patents, and be ready to be an active participant in your patent application prosecution.
And just remember, if you are selected for pro bono assistance, you will still need to
pay all fees required by the USPTO, including any filing, prosecution, issue, or maintenance
fees.