1 00:00:00,599 --> 00:00:05,959 We are fortunate today to have a volunteer attorney here to speak with us about his experiences 2 00:00:05,959 --> 00:00:07,799 in the Pro Bono Program. 3 00:00:07,800 --> 00:00:12,840 Hi, I'm Ben Fernandez, and I'm a volunteer attorney with Probopat Colorado. 4 00:00:14,780 --> 00:00:18,040 So why did you decide to volunteer for a patent pro bono program? 5 00:00:19,100 --> 00:00:24,080 I decided to volunteer for ProBoPat Colorado because I had been involved in some pro 6 00:00:24,090 --> 00:00:31,050 bono activity before and that was mainly working with asylum applications in an immigration 7 00:00:31,050 --> 00:00:32,629 process. 8 00:00:32,629 --> 00:00:38,370 And I realized that there are not many avenues for patent attorneys to pursue pro-Bono endeavors, 9 00:00:38,370 --> 00:00:44,899 so I actually co-founded the program in Colorado along with some colleagues who formed a steering 10 00:00:44,899 --> 00:00:46,170 committee. 11 00:00:46,170 --> 00:00:51,949 And we ended up creating for opportunities patent attorneys to help low-income inventors. 12 00:00:51,949 --> 00:00:56,769 Patent attorneys, unfortunately, are very good at one thing, and they hesitate sometimes 13 00:00:56,769 --> 00:00:59,179 to get involved in another pro bono opportunities. 14 00:00:59,179 --> 00:01:03,940 So this was the perfect opportunity for people who are patent attorneys and would like to meet 15 00:01:03,940 --> 00:01:06,270 their pro bono commitments. 16 00:01:06,640 --> 00:01:08,820 How'd you learn about joining the program? 17 00:01:09,620 --> 00:01:14,570 Well for Colorado, there's a website at the Mi Casa Resource Center, as well as the IP 18 00:01:14,570 --> 00:01:16,770 section at of the Colorado bar association. 19 00:01:16,770 --> 00:01:22,390 They have links where you can fill out a one-page volunteer interest form, submit it and as 20 00:01:22,390 --> 00:01:28,600 a case becomes available they email you, and you check conflicts, and you determine if 21 00:01:28,600 --> 00:01:31,100 this a potential good fit. 22 00:01:31,100 --> 00:01:36,590 And there are also resources available from the Federal Circuit Bar Association to connect 23 00:01:36,590 --> 00:01:41,330 people with the programs in each state; every state has a different program. 24 00:01:41,330 --> 00:01:47,770 So, what does a volunteer attorney do when they get matched with an inventor in the program? 25 00:01:47,770 --> 00:01:52,590 Step one for me in taking in taking a new case was getting an email with the name of 26 00:01:52,590 --> 00:01:58,579 the applicant, and a brief description about the title of the invention, kind of a one 27 00:01:58,579 --> 00:02:00,180 sentence description. 28 00:02:00,180 --> 00:02:04,689 That allowed me to check conflicts at my firm, like I would for any other potential client. 29 00:02:04,689 --> 00:02:09,970 And that allowed me to decide whether I want, was interested in meeting with the applicant 30 00:02:09,970 --> 00:02:14,330 so at that point is the process I did the normal conflicts check. 31 00:02:14,330 --> 00:02:19,530 I replied to the administrator at ProBoPat and accepted. 32 00:02:19,530 --> 00:02:25,280 At that point, ProBoPat matched me with the applicant. 33 00:02:25,280 --> 00:02:30,120 Once the matching occurs, I had a meeting with the applicant and sat down with them 34 00:02:30,120 --> 00:02:37,090 in my office, and talked about the potential representation, and we decided to move forward 35 00:02:37,090 --> 00:02:39,540 with an engagement letter. 36 00:02:39,540 --> 00:02:45,830 ProBoPat provided a form engagement letter, and also allows people to use their own firm's 37 00:02:45,830 --> 00:02:47,130 pro bono engagement letters. 38 00:02:47,130 --> 00:02:51,000 So that's how we got the process started in my case. 39 00:02:51,000 --> 00:02:55,020 So, you're not required to take a pro bono case? 40 00:02:55,020 --> 00:02:59,280 Volunteers in Colorado are not required to take any particular case. 41 00:02:59,280 --> 00:03:03,880 Once you sign up as a volunteer, you go on to the volunteer roster, and as cases become 42 00:03:03,880 --> 00:03:09,830 available, you get an email with the name of the applicant, and the conflicts information. 43 00:03:09,830 --> 00:03:13,380 When I've done this, I check conflicts as I would for any other client. 44 00:03:13,380 --> 00:03:18,440 And at that point, I notify ProBoPat of my interest in the case. 45 00:03:18,440 --> 00:03:24,200 ProBoPat then sends an email to me and also the applicant inventor, and then we arrange 46 00:03:24,200 --> 00:03:25,210 a meeting. 47 00:03:25,210 --> 00:03:30,040 And at that point in the process, it's up to me and the inventor to meet and decide 48 00:03:30,040 --> 00:03:33,480 if an engagement would be the right fit for both of us. 49 00:03:33,480 --> 00:03:36,080 However, every program is different in each state. 50 00:03:36,080 --> 00:03:42,170 So its important to check with each state's Pro Bono program to determine what the requirements 51 00:03:42,170 --> 00:03:47,440 are for volunteering, as well as the process for matching with applicants. 52 00:03:48,310 --> 00:03:52,180 How do you handle the confidentiality between the client and the attorney? 53 00:03:52,190 --> 00:03:58,210 A lot of applications and inventors ask about confidentiality, I've actually had some people 54 00:03:58,210 --> 00:04:02,270 ask me to sign a non-disclosure agreement, and I always assure them that when you're 55 00:04:02,270 --> 00:04:06,650 meeting with a volunteer attorney, that's really not necessary. 56 00:04:06,650 --> 00:04:14,080 I explain to them the professional duties that we have in representing clients and in 57 00:04:14,080 --> 00:04:18,410 meeting with potential clients, and that usually gives them a certain level of comfort. 58 00:04:18,410 --> 00:04:25,180 So, the short answer is that confidentially is handled with the Pro Bono Patent program, 59 00:04:25,180 --> 00:04:32,620 just as it would be with any other client that I'm representing, or I'm considering representing. 60 00:04:32,620 --> 00:04:37,060 Confidentiality is very important to us as volunteer attorneys, and we take steps to 61 00:04:37,060 --> 00:04:43,530 not only protect the applicants from potential disclosure, but we also treat it with the 62 00:04:43,530 --> 00:04:46,270 same level of professional care as our paying clients. 63 00:04:46,270 --> 00:04:50,670 How much time do you usually spend on a pro bono case? 64 00:04:50,670 --> 00:04:55,880 So, the amount of time that a volunteer attorney usually spends on a pro bono patent case varies 65 00:04:55,880 --> 00:04:58,910 just as it would for our other cases. 66 00:04:58,910 --> 00:05:03,970 But generally, I spend the same amount of time drafting a patent application, or provisional 67 00:05:03,970 --> 00:05:08,450 patent application, that I would spend for a non-Pro Bono client. 68 00:05:08,450 --> 00:05:13,639 So, over all that has your experience been with the Pro Bono program? 69 00:05:13,639 --> 00:05:20,020 So my overall experience volunteering for the Pro Bono Patent program has been overwhelmingly 70 00:05:20,020 --> 00:05:21,690 positive. 71 00:05:21,690 --> 00:05:23,889 It's been something that's been fun for me to do. 72 00:05:23,889 --> 00:05:27,550 It's been something that has been very rewarding. 73 00:05:27,550 --> 00:05:33,420 I think the applicants have been very thankful, appreciative, very differential, and very 74 00:05:33,420 --> 00:05:35,160 easy to work with. 75 00:05:35,160 --> 00:05:41,170 As a volunteer in the Pro Bono Patent program I seen a wide range of technologies that the 76 00:05:41,170 --> 00:05:45,000 applicants have signed to protect. It allows the volunteers to kind of branch out for a 77 00:05:45,000 --> 00:05:50,760 little bit and maybe work on a type of technology or a type of application that they might not 78 00:05:50,760 --> 00:05:52,920 see in their normal practice. 79 00:05:52,920 --> 00:05:58,980 For example we have some volunteers who are biotech life sciences people, and they might 80 00:05:58,980 --> 00:06:05,380 be helping someone with a new device that accomplishes a household tasks for example, 81 00:06:05,380 --> 00:06:07,590 so it allows people to branch out. 82 00:06:07,590 --> 00:06:12,470 The program is also great for allowing volunteers to work together, so that you might have a 83 00:06:12,470 --> 00:06:18,070 more experienced professional working with less experienced patent attorney. 84 00:06:18,070 --> 00:06:23,950 And both of them get to work together and kind of lean about the process together, and 85 00:06:23,950 --> 00:06:26,530 it can be great mentoring tool in that way. 86 00:06:26,530 --> 00:06:30,570 Would you recommend this Pro Bono program to all attorneys? 87 00:06:30,570 --> 00:06:34,710 I would highly recommend this Pro Bono Patent program to other volunteers. 88 00:06:34,710 --> 00:06:39,440 It's difficult as a patent attorney to find Pro Bono opportunities. 89 00:06:39,440 --> 00:06:46,270 I know in my state we are encouraged to spend at least 50 hours a year on Pro Bono programs. 90 00:06:46,270 --> 00:06:51,690 And its difficulty to for Patent Attorneys to find Pro Bono work in the IP area. 91 00:06:51,690 --> 00:06:58,340 It does exist, but its hard to find and so, this is a great opportunity to get some Pro 92 00:06:58,340 --> 00:07:03,000 Bono exposure in the area where you're already somewhat comfortable, you feel like you kind 93 00:07:03,000 --> 00:07:05,440 of know what you are doing. 94 00:07:05,440 --> 00:07:11,370 This not to take away from other Pro Bono endeavors that focus on human rights issues, 95 00:07:11,370 --> 00:07:14,630 and other more traditional Pro Bono issues. 96 00:07:14,630 --> 00:07:21,020 But on the another hand. Pro Bono Patent programs provided a great way for people who are not 97 00:07:21,020 --> 00:07:25,720 doing much pro bono work to get involved in a way they are comfortable with. 98 00:07:25,720 --> 00:07:28,370 Thank you so much for your time and the great work that you're doing.