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16 September 2022PatentsMuireann Bolger

Q&A: Paul Schramm, Holland & Hart: ‘levelling the inventorship field’.

Established under the 2011 America Invents Act, the US Patent and Trademark Office (USPTO)’s patent pro bono programme aims to support aspiring, talented yet under-resourced inventors to deliver their vision.

Now, the office has sought stakeholder feedback in order to identify new areas that are in need of support.

Paul Schramm, patent partner at Holland & Hart weighs in on some of the initiatives that have been launched as part of this programme so far, and explores the overall importance that pro bono support plays in supporting inventors who might not have the resources to pursue patents for their innovations.

What impact has the patent pro bono programme had on inventors?

Applying for a patent can be a complex and legally-intensive process, and it just isn’t feasible for most under-resourced inventors to navigate that process alone. The programme levels the competitive field for individual inventors because it allows them to access the same type of IP protection available to larger players, which results in a healthier market that incentivises innovation from more sources.

What is the goal of the public comment period?

This public comment period is pretty typical of the type of feedback the USPTO requests when it considers making changes to its programmes or policies. I think the USPTO will see overwhelming support for this surveying proposal in particular because it will provide much better visibility into how well the programme is serving individuals and groups who traditionally have been underrepresented in the patent system.

Those of us who participate in this programme are united around the goal of making our country’s patent program more accessible to these members of the tech community.

What is the likely outcome?

Many inventors who could benefit from pro bono patent representation are unaware of this program. This surveying proposal will give the USPTO the data it needs to gain better insight into which communities are aware of and successfully use the programme, and to hopefully adjust their outreach efforts to more effectively target communities that remain underserved. I believe the USPTO is trying to make sure we are using our resources in a way that more effectively advances the goal of providing more equitable access to IP for all inventors.

Many applicants have never interacted with the patent system before signing up for the programme, and they may have an inaccurate understanding about what a patent is, what types of innovations are patentable, or how businesses can leverage patents to protect and monetize their technological advances.

However, the USPTO and other organisations have published a substantial amount of free resources specifically targeted to those who are new to the patent system.

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