USPTO Assistance for Independent Inventors and Small Businesses
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee
Helping small businesses and independent inventors with limited resources is an important goal of the USPTO, and supports the Obama administration’s commitment to leveling the playing field for all American workers and businesses. Despite comprising only 1 percent of all businesses, entrepreneurs and small business owners have generated more than 65 percent of new jobs over the last two decades and start-ups in high-tech hubs account for more than 40 percent of new jobs each year (Small Business Administration, May 2014). The USPTO has several free or reduced fee programs to assist independent inventors and small businesses in securing patent protection for their inventions: the Patent Pro Bono Program, Pro Se Assistance Program, and Certified Law School Clinic Program.
First, through the Patent Pro Bono Program, the USPTO partners with non-profit organizations and law schools to establish regional programs throughout the country. By working with their regional patent pro bono program, under-resourced independent inventors and small businesses may secure free legal representation to help them file and prosecute patent applications. Each regional program has certain requirements that independent inventors and small businesses must meet. In general, an independent inventor or small business need only show income in a certain range, some knowledge about the patent system, and possession of an invention and not just an idea.
After ascertaining that the eligibility criteria are met, the regional pro bono program matches independent inventors and small businesses with volunteer patent attorneys to provide them assistance. To date, patent pro bono programs are available in 49 states with nationwide coverage coming this year. Visit the Patent Pro Bono Program on our website to learn more, or to volunteer to help an under-resourced independent inventor or small business.
Second, the USPTO recognizes that many independent inventors and small businesses file patent applications without the assistance of a registered patent attorney or agent—also known as “pro se” filing. The USPTO has tools to assist pro se filers with this process, as well as a dedicated team available to answer filing questions. To learn more, visit the Pro Se Assistance Program page of our website.
Third, the USPTO has partnered with 45 law schools to offer programs through which law students draft and file either patent applications or trademark applications for clients under the supervision of law school faculty. Since its inception, over 1,850 law students have participated in the program and have filed more than 340 patent applications and more than 1,125 trademark applications for clients. Information about requesting free legal services through a participating law school clinic is available on our website.
Another advantage that the USPTO offers for independent inventors is reduced fees for “micro entities” and “small entities.” If you meet the micro-entity requirements, you are eligible for a 75 percent reduction on most fees, and small entity status offers a 50 percent fee reduction. View the full USPTO fee schedule.
All of these resources and programs will be discussed in more detail during a free webinar on Thursday, May 21, 2015, from 2:00 PM to 5:00 PM ET. USPTO experts will explain these free and reduced fee resources and inform independent inventors and small business about how to secure legal representation to better navigate the patent system. It’s a great chance to learn if any of these programs might help you and hear answers to your questions.
The Patent Pro Bono Program, Pro Se Assistance Program, and Law School Certification Clinic Program, along with our discounted fee programs, serve vital roles in the marketplace of innovation. They ensure all creators benefit from their intellectual property and in turn that society can benefit from their inventions. I hope you will participate in the webinar and take advantage of these programs to protect your inventions.
Posted at 10:02AM May 20, 2015 in patents |