Contributions exceed $39.3 million for free legal services to inventors and small businesses

A new study conducted by the United States Patent and Trademark Office (USPTO) for Congress finds that pro bono programs expand access to patent funding for underfunded innovators.

The U.S. Patent and Trademark Office (USPTO) recently released a study to Congress as required by the Unleashing American Innovators Act of 2022, showing that patent pro bono programs have successfully funded underfunded independent inventors and small businesses, with volunteer patent attorneys and patent agents donating more than $39.3 million from 2015 to 2022.

The report also announced the following other contents related to the patent public welfare project:

• Pro Bono Budget Nearly Doubled. The USPTO took the proactive step of doubling the budget for this program from $680,000 to approximately $1.2 million in 2023, signaling an increased investment in pro bono programs to strengthen American innovation.
• Strengthened publicity. In the past few years, the number of people consulting patent public welfare projects has increased year by year, including a 6% increase from 2021 to 2022.
  Patent agents play an important role as non-lawyer advocates. Approximately 23% of pro bono patent applications are filed by registered patent agents.
• Increase participation from historically underserved communities. A 2022 survey of pro bono program participants revealed:
  • While 13% of patent inventors in total patent applications are women, 43% of patent applicants in patent public interest programs are women (up from 41% in 2021), 35% are black (30% in 2021), 14% are Hispanic, 7.9% are veterans, 5.7% are Asian American or Native Pacific Islander, and 1.6% are Native American.
• Continue to raise the financial review threshold. The main condition restricting inventors from participating is the financial requirements of the regional patent public welfare program. The USPTO is working to raise the threshold for total family income to no more than 400% of the federal poverty line specified by the UAIA.

In addition to data from the Patent Public Welfare Project since 2015, the study also examined comments solicited through two public hearings and written comments submitted through the Federal Register. These comments provided important feedback to the Patent Public Welfare Project and supported the information and recommendations in this study. The USPTO has uploaded this report to the official website of the USPTO, and users in need can download it by themselves.