Patent Trial and Appeal Board Pro Bono Program for independent inventors

• Number of inventors: there must be exactly one known inventor for the invention
• Residency: the inventor must reside in the United States
• Income: the inventor must have a total household income of less than 400% of the federal poverty guidelines  (Modified as of April 1, 2023)
• Knowledge: the inventor must demonstrate knowledge of the ex parte appeal process by successfully completing a video training course consisting of two videos. The first video explains how the PTAB Pro Bono Program works. The second video walks through the ex parte appeal process.
• Timing: the inventor must apply to the program within one month from the date of an office action in which the claims have been twice or finally rejected.
• Ownership interest: the inventor must not be under an obligation to assign (sell or give ownership of) the application or resulting patent to a third party.  (New as of April 1, 2023)
• Micro-Entity Status (Eliminated as of April 1, 2023)

To qualify as an inventor group:

• Number of inventors: there must be no more than four known inventors for the invention
• Qualify individually:
  • Residency: each inventor must reside in the United States
  • Income: each inventor must have a total household income of less than 400% of the federal poverty guidelines
  • Knowledge: each inventor must demonstrate knowledge of the ex parte appeal process by successfully completing a video training course consisting of two videos. The first video explains how the PTAB Pro Bono Program works. The second video walks through the ex parte appeal process.
• Timing: the inventors must apply to the program within one month from the date of an office action in which the claims have been twice or finally rejected.
• Ownership interest: each inventor or the inventor group must not be under an obligation to assign (sell or give ownership of) the application or resulting patent to a third party.

To qualify as an inventor-owned small business:

• Inventor owned: the small business must be 100% inventor owned
• Number of inventors: there must be no more than four known inventors of the inventor-owned business
• Assignment to organization: each inventor must agree to assign his/her rights to the business
• Qualify individually:
  • Residency: each inventor must reside in the United States and the principal place of business of the inventor-owned small business must be in the United States
  • Income: each inventor must have a total household income of less than 400% of the federal poverty guidelines
  • Knowledge: each inventor must demonstrate knowledge of the ex parte appeal process by successfully completing a video training course consisting of two videos. The first video explains how the PTAB Pro Bono Program works. The second video walks through the ex parte appeal process.
• Timing: the inventor-owned small business must apply to the program within 1 month from the date of an office action in which the claims have been twice or finally rejected.
• Previous year business income: if the business was operating in the preceding calendar year, the business must have had a total gross income of less than $150,000.
• Projected year business income: the business must expect a total gross income of less than $150,000 in the current calendar year.
• Ownership interest: each inventor or the inventor owned small business must not be under an obligation to assign (sell or give ownership of) the application or resulting patent to a third party.