In this chapter, we will discuss how an inventor qualifies for the program.
An inventor must meet three requirements to be accepted in the program.
These requirements are:
Maximum household income; Knowledge of the patent system; and
Possession of an invention, not just an idea.
We will discuss each requirement in greater detail and how to meet them.
For the Maximum Household Income,
an inventor cannot earn more than the regional program's income limitation.
This limit is region dependent, but in general, it equates to about 300% of the federal poverty level
You can learn more about the federal poverty level from this website:
To flesh the income limit out a bit more, let’s consider
a single person could have an income of up to $34,470 (3 times the current
single person poverty level of $11,490
Example 2 - a family of 4 could have a gross income of up to $70,650 (3 times the current
family of 4 poverty level of $23,550
The income limitation can vary from program to program.
Please check your regional program's website to determine your income limitation.
The second requirement is demonstrating knowledge of the patent system
There are two ways to demonstrate your knowledge of the patent system:
You could have a provisional or non-provisional patent application on file with the USPTO
A provision application is a quick and inexpensive way for inventors to establish a U.S. filing date
for their invention, which can be claimed in a later filed non-provisional application.
A provisional application is automatically abandoned 12 months after it’s filing date, and is not examined.
An applicant who decides to initially file a provisional application must file a corresponding non-provisional application
during the 12 months pendency period of the provisional application, in order to benefit from the earlier provisional application filing.
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.
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.
Some regional programs may even require that a provisional patent even be filed as a condition of requesting assistance.
Please note that if an inventor has already file a provisional or non-provisional patent application, they are still responsible for meeting
any statutory filing deadlines, regardless if the apply to the Pro Bono Program.
Alternatively, applicants may successfully complete the online certificate training course available on the USPTO website.
Many regional programs require successful completion of the certificate training to be considered for the program.
Finally, you must have invented something! Before you can obtain a Pro Bono attorney, you must have an actual invention not merely an idea.
To demonstrate an actual invention, you must be able to describe the invention so that someone else could make and use the invention.
This requirement may be demonstrated in the application process and/or in the interview with the administrator attorney.
As a word of caution, be very careful who you disclose your invention to.
Moreover, do not publicly disclose you invention before filing at least a provisional application for a patent.
Such disclosure may be considered prior art against yourself, and could result in a bar to a patent.
Qualifying for assistance through a Patent Pro Bono Program does not guarantee you a referral to a volunteer attorney.
An appropriate attorney must be available for matching.
However, if you think you can meet these requirements, the next step is for you to apply for the program.