United States Patent and Trademark Office Pro Bono Programs & More News Here

The USPTO first established a professional bono program to assist “financially under-resourced inventors and small businesses” pursue patent safety for his or her innovations beneath the America Invents Act (AIA). The USPTO not too long ago expanded its professional bono program to embody ex parte appeals that could be obligatory to beat examiner rejections. The USPTO simply introduced its 2021 Patent Pro Bono Achievement Certificates awarded to people and regulation corporations who “volunteered significant time and effort.”

Patent Pro Bono Program

The USPTO Patent Pro Bono program is operated via a “network of independently operated regional programs that match volunteer patent professionals with financially under-resourced inventors and small businesses for the purpose of securing patent protection.” The program for the D.C.-area is run by the Federal Circuit Bar Association (FCBA).

There are three essential necessities for candidates:

  • Inventors should present that they perceive the patent course of and what they’ll do with a patent as soon as acquired. (The USPTO created a coaching module for this objective.)

  • Applicants should meet the monetary want {qualifications}. (Typically 300% of the Federal poverty tips.)

  • Inventors should have the ability to describe their invention (e.g., in a stage of element that might be enabling).

Attorneys occupied with volunteering for the FCBA regional program can full a easy utility kind.

PTAB Pro Bono Program

The USPTO PTAB Pro Bono program is operated by the PTAB Bar Association which acts as “a national clearinghouse to connect volunteer patent practitioners with eligible inventors seeking legal assistance with ex parte appeals before the Board.” The USPTO intends that this system ultimately will increase to incorporate AIA trials.

There are 5 essential necessities for candidates for PTAB professional bono help:

  • Inventors should display that they’re domiciled within the United States.

  • Inventors will need to have a gross family earnings lower than thrice the federal poverty tips.

  • Micro Entity standing should be established within the patent utility at problem.

  • The utility for professional bono help should be filed inside one month from the date of the Office Action to be appealed from.

  • Applicants will need to have seen the USPTO’s coaching movies in regards to the PTAB Pro Bono Program and ex parte enchantment course of.

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Access to professional bono illustration is proscribed by the provision of volunteer practitioners, so in case you are a patent practitioner with ex parte appeals expertise and occupied with volunteering, you may full an on-line volunteer utility kind.

TTAB Pro Bono Program

While exterior my wheelhouse, the USPTO additionally has a Trademark Trial and Appeal Board Pro Bono Program, operated by the International Trademark Association (INTA).

Commitment to Innovation and Inclusivity

The USPTO’s professional bono packages replicate the company’s dedication to innovation and inclusivity. According to the USPTO’s 2021 statistics, “of the applicants who responded to a survey of those who have utilized the pro bono program, 30% identified as African American or Black; 14% as Hispanic; 5.6% as Asian or Pacific Islander; and 1.5% as Native American,” and 41% recognized as girls.

New USPTO Director Kathi Vidal already has expressed her help for these packages:

“Fostering access to our innovation ecosystem is critical to inclusive innovation and to bringing that innovation to impact for the good of all Americans . . . Through efforts [of the volunteers], we can create a system that will incentivize all Americans to innovate with the hope and dream that they can bring those innovations to impact, bettering their lives and the lives of all Americans.”


© 2022 Foley & Lardner LLP
National Law Review, Volume XII, Number 136

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