Patent Pro Bono for Inventors
TALA, in partnership with the US Patent and Trademark Office (USPTO), presents the Patent Pro Bono program for inventors in Texas.
With the goal of advancing invention based economic development, this unique program offers financially under-resourced, independent inventors in Texas assistance to file a patent with the US Patent and Trademark Office (USPTO).
The Patent Pro Bono program provides services to individual inventors who meet financial qualifications and complete a training package developed by the USPTO.
TALA’s Patent Pro Bono program currently serves solo inventors who
are Texas residents;
have a total combined household income of less than 300% of the federal poverty guidelines; and
are currently under no obligation to assign the rights to the invention.
Before being accepted for the TALA Patent Pro Bono program, participants must:
meet the financial criteria and residence requirement for qualification;
complete a consultation with a volunteer patent attorney advisor via video conference at a TALA Patent Pro Bono Clinic (information below) to assess whether the invention is a good fit for the Patent Pro Bono program;
if invited to apply, complete the USPTO online course “Basic Patent Training for Independent Inventors and Small Businesses” and print out the certificate of completion; and
if invited to apply, complete a program application form and pay the $100 application fee (refundable if the application is not approved).
Please note this program runs at capacity and operates on a waitlist. TALA does not provide on-demand legal services and cannot accept matters in which there is a deadline for response or filing within six months. We encourage all applicants to continue to pursue other opportunities for assistance while application to the Patent Pro Bono program is pending.
About TALA’s Patent Pro Bono Clinic
All potential applicants to the TALA Patent Pro Bono program must register for and attend a Patent Pro Bono Clinic via video conference to speak with a volunteer patent attorney advisor. The advisor will evaluate the patentability, readiness, and fit for TALA’s Patent Pro Bono program. Inventors who are ready to proceed with a patent application may be invited to enter the program’s waitlist based on current caseload and volunteer availability. There is no charge for TALA’s Patent Pro Bono Clinic.
Participant Costs
If invited to apply, inventors pay a $100 application fee to enter the program.
TALA’s patent attorneys and agents are volunteers and do not charge legal fees for their work on cases referred by TALA. However, inventors are responsible for any fees required by and payable to the USPTO, including USPTO application fees. The USPTO’s application fees usually range from $400 to $500. Other USPTO service fees may apply. For a full list of USPTO fees, visit the USPTO’s fee schedule page.
Ready to apply for the Patent Pro Bono program?
If you do not have a provisional patent,* complete this form to be notified of TALA’s next Patent Pro Bono Clinic opportunity.
This step is the first step required for entry into the Patent Pro Bono program.
Clinics are held quarterly and are scheduled based on program capacity.
* If you have already filed a provisional application and have at least six months before the nonprovisional patent application is due, e-mail patent@talarts.org to inquire about program eligibility. We cannot assist with cases in which there is a filing or response deadline within six months.
Resources
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Patent attorney Kirby Drake summarizes the sometimes long and arduous process of registering your invention with the USPTO. Watch the webinar here.
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Online course created by the USPTO for independent inventors and small businesses. Completion of this course is required for inventors invited to apply to TALA’s Patent Pro Bono Program. Access the online course here.
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Inventors should always search for inventions already in public use that are the same or similar to their invention. This is called “prior art.”
A person shall be entitled to a patent unless —
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. AIA 35 U.S.C. 102(a)
We recommend doing a prior art search before attending a Patent Clinic so you’re prepared to answer any questions your patent advisor has about what distinguishes your invention from similar items.
Why are Prior Art references important?
Under the Patent Law, “[o]n taking up an application for examination . . . the examiner shall make a thorough study thereof and shall make a thorough investigation of the available prior art relating to the subject matter of the claimed invention.” Essentially, if your invention is disclosed anywhere in the prior art, it is not patentable.
How do I search for Prior Art?
A great place to start is to look through existing patents. You may do so on the USPTO’s website, the European Patent Office’s website, any one of several paid subscription services, or by using Google Patents. A thorough search should reveal similar inventions, including those inventions upon which your own invention likely relies. More importantly, the prior art search should help educate you, as the inventor, as to the current state of your particular field.
See the USPTO website for more information about how to conduct a patent search.