Pro Bono Patent Program

Protect the heart of your art.

Pro Bono Patent Program

Maryland Volunteer Lawyers for the Arts (MdVLA) has a new partnership with the U.S. Patent and Trademark Office (USPTO) to help financially under-resourced artists/inventors apply for patents and/or receive guidance, through referrals to pro bono Patent Attorneys and Patent Agents. MdVLA’s Pro Bono Patent Program serves solo inventors, nonprofit organizations, and small businesses that are involved in the arts and based in Maryland. Please contact our Patent Pro Bono Program at info@mdvla.org if you have any questions. If you are a registered patent attorney or patent agent and would like to volunteer with this program, please fill out our Pro Bono Patent Volunteer Application.

Apply Here

Protect the heart of your art.

Pro Bono Patent Program

MDVLA has a partnership with the U.S. Patent and Trademark Office (USPTO) to help financially under-resourced artists/inventors apply for patents and/or receive guidance, through referrals to pro bono patent attorneys and patent agents. MDVLA’s Pro Bono Patent Program serves solo inventors, nonprofit organizations, and small businesses that are involved in the arts and based in Maryland.

Apply Here

Eligibility Guidelines

To be eligible for the Pro Bono Patent Program:

Each inventor must be a resident of Maryland.
Must not have filed four (4) or more patent applications with the USPTO.
Must demonstrate patent system knowledge by either having a provisional application already on file with the USPTO or completing an online course (Spanish version) and submitting a certificate of training.
Must be able to communicate the problem your invention addresses without giving any confidential information. To demonstrate an invention, you should be able to describe the invention so that someone else could actually make and use the invention.
You must complete a prior art search on your own before placement.

Inventor Requirements

Solo Inventor

Total household income must qualify within MDVLA’s Income Guidelines
Must not be obligated to assign, sell, or give ownership of the rights to the invention to a third party
Must have an invention – not just an idea
Must have a presentable prototype

Multi-Member Business

There must be no more than four (4) known inventors for the invention
Each inventor must reside in Maryland
Each inventor’s household income must qualify within MDVLA’s Income Guidelines
Must not be obligated to assign, sell, or give ownership of the rights to the invention to a third party
Must have an invention – not just an idea
Must have a presentable prototype

Nonprofit Organizations (501(c)(3) Status Only)

There must be no more than four (4) known inventors of the invention, and each inventor must agree to assign their rights to the nonprofit
Budget must be less than $1 million per year
The nonprofit must not be a research institution or an institution of higher learning
Must not be obligated to assign, sell, or give ownership of the rights to the invention to a third party
Each inventor must reside in Maryland
Each inventor’s household income must qualify within MDVLA’s Income Guidelines
Each inventor must not have filed four (4) or more patent applications with the USPTO
Must have an invention – not just an idea
Must have a presentable prototype

Prior Art Search Requirement

This is a mandatory requirement for this program. Take your prior art search seriously.

What is Prior Art?

“Prior Art” encompasses all existing information, knowledge, and references existing anywhere in the world prior to filing a patent. When patent agents and attorneys talk about “prior art,” they are referring to the following, in relation to your particular invention:

Prior Patents (U.S. or Foreign)
Published Articles
Public Demonstrations
Other Public Disclosures (including products for sale anywhere in the world)

There is always prior art out there. We do not accept “there is nothing like my invention out there” as an appropriate response to our request for a prior art search. We are NOT asking you to find your exact invention. We are asking you to find similar inventions.

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 (eSpaceNet), any one of several paid subscription services, or by using Google Patents. Another great place to start is a product search on websites that sell products similar to yours. A well-done 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 the field of your invention.

The USPTO considers all prior art globally, not just applications, patents, and other descriptions from the United States. Many companies around the world file patents with the EPO, and many of these are in English or translated into English. We suggest you search through applications and patents separately.

Guidelines and Fees

Guidelines

False or misleading information given in an application may result in delays in, or denial/termination of, referral assistance.

Notification is required if the information on this application materially changes. For example, if contact information changes or annual household income materially increases.

Do not provide any confidential information to MDVLA – only provide confidential information to a registered patent attorney or agent who agrees to represent you.

MDVLA may deny anyone’s application, for any reason, in its sole discretion.

Patent matters can be very time sensitive. MDVLA does not guarantee that a suitable volunteer patent professional will be found, nor do they guarantee that one will be found within a reasonable amount of time. You must independently seek counsel for any time-sensitive matter, or any other matter for which you are uncomfortable using MDVLA’s referral system.

If your application is accepted and you are referred to a patent professional, the representation will, in most cases, be limited to a specific case and a specific amount of time or phase of patent prosecution.

USPTO Fees

MDVLA charges a small administrative fee, and any patent attorney or agent services are free.

Inventors are subject to filing and/or maintenance fees owed to the United States Patent and Trademark Office. Find the current fees here: USPTO Fee Schedule.

Frequently Asked Questions

What happens next?

Once you complete an application form, our staff will review your answers and contact you within ten (10) business days. If you qualify for our program, we will send follow-up questions.

If you do not qualify for our program, we will inform you of the reason and send you resources on filing pro se or acquiring assistance.

What should you know about patent drawings?

Patent drawings are an important part of a patent application. Obtaining a patent drawing prior to applying for the Pro Bono Patent Program will advance the process. At this time, MDVLA cannot help with the creation of drawings for purposes of registering a patent.

Are you using AI to create your work?

If an inventor has used artificial intelligence to create a program or code, there has to be significant human contribution in order for it to be patentable.