This document discusses pro bono patent legal services. It begins by outlining the ABA's model rule encouraging lawyers to provide at least 50 hours of pro bono services annually, particularly to those of limited means. It then describes the nationwide network of patent pro bono programs that match volunteers with under-resourced inventors. The first such program launched in Minnesota in 2011, spearheaded by the former USPTO director. The programs have since expanded across the US and internationally. The document provides an example client and discusses how some programs offer "unbundled" limited legal services to expand access to justice.
Patent Pro Bono: Helping under resourced inventors achieve their dreams
1. Why Pro Bono
How It All Started
Representing Pro Bono Clients
Unbundled Services
Patent Pro Bono
Helping under resourced inventors achieve their dreams
Jim Patterson, Patterson Thuente IP
April 26,2018
2. Patent Pro BonoHelping under resourced inventors achieve their dreams
Jim Patterson, Patterson Thuente IP
3. Why Pro Bono?
ABA Model Rule 6.1: Voluntary Pro Bono Publico
Service
“ Every lawyer has a professional responsibility to provide legal
services to those unable to pay. A lawyer should aspire to render
at least 50 hours of pro bono publico legal services per year. In
fulfilling this responsibility, the lawyer should:
(a) provide a substantial majority of 50 hours of legal services
without fee or expectation of fee to:
1) Persons of limited means; or
2) Charitable, religious, civic, community, governmental,
and educational organizations in matters that are
designed primarily to address the needs of persons of
limited means”
4. Patent Pro Bono
A nationwide network of independently operated
regional programs that match volunteer patent
professionals with financially under-resourced
inventors and small businesses for the purpose
of securing patent protection.
5. How it started
Spearheaded by former Director of the USPTO,
David Kappos, and a group of legal
professionals in Minnesota.
The LegalCORPS Inventor Assistance
Program became the first-ever patent pro bono
program in the US in 2011.
Former USPTO Director David Kappos
6. 2011
Minnesota Pilot Program,
LegalCORPS IAP launched &
America Invents Act signed
White House Executive Order
calls for hiring of full-time pro
bono coordinator at the USPTO
All 50 states covered by
regional patent pro bono
programs
2016
WIPO and World Economic
Forum launch Inventor
Assistance Program
2015
2013
Progression to an international scale
7. Regional Coverage > Programs
• Washington Pro Bono Patent Network
• Idaho Patent Pro Bono
• California Inventors Assistance Program
(CIAP)
• ProBoPat
• Arizona Public Patent Program
• Upper Midwest Program
• LegalCORPS > MN
• Pro Bono Patent Project > MI
• Gateway Venture Mentoring Service
• Texas Accountants & Lawyers for the Arts
(TALA)
• Chicago-Kent Patent Hub
• Patent Connect for Hoosiers
• IP Venture Clinic > OH, KY
• Legal Assistance Volunteers for
Patent Applicants (LAVPA) > TN
• BBVLP Patent Program > MS, AL
• New England Program
• New York Tri State Program
• Delaware Program
• FCBA > Mid-Atlantic
• PA Patent
• NC Leap
• Georgia Patents
• Patent Pro Bono FL
11. Unbundled services
• Representation is a la carte
• Continuity of representation not required
• Expands access to justice
• Unbundling does not work for all types of cases
12. Unbundled services
ABA Resolution No. 108
“RESOLVED, that the American Bar Association
encourages practitioners, when appropriate, to consider
limiting the scope of their representation, including the
unbundling of legal services as a means of increasing
access to legal services.”
13. Unbundled services
Minnesota Rule 1.2
“ A lawyer may limit the scope of the representation if the
limitation is reasonable under the circumstances and the
client gives informed consent.”
Illinois Rule 1.2
“ A lawyer may limit the scope of the representation if the
limitation is reasonable under the circumstances and the
client gives informed consent.”
Also:
• Illinois Rule 4.2
• Illinois Rule 5.5
• Supreme Court Rule 11
• Supreme Court Rule 13
• Supreme Court Rule 137
14. Thank You!
Shareholder, Patent Attorney
Chair – AIA Pro Bono
Advisory Council
patterson@ptslaw.com
Jim Patterson
www.ptslaw.com