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In this chapter, we will discuss how an inventor
qualifies for the program.

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An inventor must meet three requirements to
be accepted in the program.

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These requirements are:

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Maximum household income;
Knowledge of the patent system; and

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Possession of an invention, not just an idea.

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We will discuss each requirement in greater
detail and how to meet them.

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For the Maximum Household Income,

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an inventor cannot earn more than the regional
program's income limitation.

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This limit is region dependent, but in general,
it equates to about 300% of the federal poverty level

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You can learn more about the federal poverty
level from this website:

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To flesh the income limit out a bit more,
let’s consider

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a single person could have an
income of up to $34,470 (3 times the current

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single person poverty level of $11,490

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Example 2 - a family of 4 could have a gross
income of up to $70,650 (3 times the current

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family of 4 poverty level of $23,550

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The income limitation can vary from program
to program.

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Please check your regional program's website
to determine your income limitation.

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The second requirement is demonstrating knowledge
of the patent system

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There are two ways to demonstrate your knowledge
of the patent system:

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You could have a provisional or non-provisional
patent application on file with the USPTO

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A provision application is a quick and inexpensive way for inventors to establish a U.S. filing date

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for their invention, which can be claimed in a later filed non-provisional application.

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A provisional application is automatically abandoned 12 months after it’s filing date, and is not examined.

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An applicant who decides to initially file a provisional application must file a corresponding non-provisional application

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during the 12 months pendency period of the provisional application, in order to benefit from the earlier provisional application filing.

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A non-provisional patent is examined by a patent examiner, and may be issued as a patent if all the requirements for patentability are met.

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Each year, the USPTO receives more than 500,000 patent applications. Most of the application filed with the USPTO are non-provisional applications for utility patents.

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Some regional programs may even require that a provisional patent even be filed as a condition of requesting assistance.

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Please note that if an inventor has already file a provisional or non-provisional patent application, they are still responsible for meeting

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any statutory filing deadlines, regardless if the apply to the Pro Bono Program.

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Alternatively, applicants may successfully complete the online certificate training course available on the USPTO website.

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Many regional programs require successful completion of the certificate training to be considered for the program.

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Finally, you must have invented something! Before you can obtain a Pro Bono attorney, you must have an actual invention not merely an idea.

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To demonstrate an actual invention, you must be able to describe the invention so that someone else could make and use the invention.

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This requirement may be demonstrated in the application process and/or in the interview with the administrator attorney.

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As a word of caution, be very careful who you disclose your invention to.

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Moreover, do not publicly disclose you invention before filing at least a provisional application for a patent.

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Such disclosure may be considered prior art against yourself, and could result in a bar to a patent.

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Qualifying for assistance through a Patent Pro Bono Program does not guarantee you a referral to a volunteer attorney.

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An appropriate attorney must be available for matching.

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However, if you think you can meet these requirements, the next step is for you to apply for the program.