USPTO Request for Comments related to the patent pro bono programs in the Unleashing American Innovators Act of 2022

Our Response

On August 11, 2023 the Fair Inventing Fund filed a public comment at the USPTO in response to their call for input on Pro Bono programs. The USPTO has held public listening sessions and has conducted other outreach this year to raise awareness of existing pro bono programs, in part in response to the requirements of the Unleashing American Innovation Act, a bi-partisan law enacted last year. Fair Inventing's comments focus on the fundamental flaw in the existing USPTO Pro Bono programs: none help an inventor enforce their patent.  Pro Bono programs help an inventor apply for a patent and then help the inventor navigate the invalidity proceedings at the Patent Trial & Appeal Board or PTAB.  Fair Inventing's comments highlight how inventors underrepresented in the patent system cannot access capital because they do not have the means to enforce their patents. Worse, when they cannot enforce their patents they cannot generate capital to support their inventing activities. So without this enforcement component the patent system is unlikely to see any material change in the lack of participation by underrepresented inventors.

The comment Fair Inventing Fund submitted can be viewed via regulations.gov public comments or downloaded here.