USPTO Pro Bono Initiative Minnesota Pilot Program August 18, 2010 © 2010 Patterson Thuente and Lindquist & Vennum RIGHT TO USE: This presentation may be freely distributed, used and/or modified, so long as appropriate attribution is made that includes retention of the firm names. DISCLAIMER: This presentation and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. 1

Pilot Program Overview Minnesota-based pilot program – To be replicated/expanded to include other states Goals – Provide pro bono legal assistance to qualified pro se applicants – Outreach to the independent inventor community – Provide the patent bar with meaningful pro bono opportunities – Reduce pro se generated USPTO backlog Target intake for first year: 70 cases 2

The Goodman-Patterson Pro Bono Model Client Identification & Outreach Support Services Attorneys Clients Intake Screening Referral © 2010 Patterson Thuente and Lindquist & Vennum 3

USPTO Pro Bono Initiative – MN Pilot Structure Intake Screening Referral Clients Attorneys & Agents Patent Support Services USPTO Inventor services organizations Small Business Development Centers SCORE LegalCORPS website and printed materials Pro se applicants Independent inventors Micro entrepreneurs Search services Patent illustrators Patent prosecutors Tech transfer lawyers Client Identification & Outreach © 2010 Patterson Thuente and Lindquist & Vennum LegalCORPS 4

Intake, Screening, Referral: LegalCORPS Minnesota business law pro bono program – Formed in 2004 – Served 503 micro enterprises and small nonprofits in cases opened, clinic setting (5 sites) 89 cases opened, full representation – Main areas of representation Entity formation General business advice – Provides free educational seminars on business law topics 5

USPTO Pro Bono Initiative – Client Intake USPTO Screening Refer to LegalCORPS LegalCORPS Administrator Volunteer Attorney Panel Client matched with volunteer attorney Ineligible 6

USPTO Pro Bono Initiative – Client Intake USPTO Screening Refer to LegalCORPS Ineligible Pro se applicants from MN USPTO Help Desk conducts initial substantive assessment Cases with merit referred to LegalCORPS USPTO website to become additional application portal Application Invention Disclosure Form Online seminar Searchable list of programs in other states when applicable 7

USPTO Pro Bono Initiative – Client Intake LegalCORPS Administrator Refer to Volunteer Attorney Panel Ineligible Administrator:.5 FTE LegalCORPS employee Determines economic eligibility utilizing criteria checklist Will assist with program development, fundraising, recruiting and establishing systems, tools and reporting mechanisms 8

USPTO Pro Bono Initiative – Client Intake Volunteer Attorney Panel Client matched with volunteer attorney Ineligible Volunteer Attorney Panel: Set group of local patent attorneys Engagement letter Volunteer attorney firm or law department responsible for docketing LegalCORPS administrator assists as needed 9

USPTO Pro Bono Initiative – Client Intake Case closings handled by LegalCORPS administrator Client surveys conducted annually by local law students 10

Attorney Recruitment Bar organizations – direct promotion via publications and announcement at events – Minnesota State Bar Association - Business Law, Computer & Technology, Corporate Counsel and New Lawyers sections – Minnesota Intellectual Property Law Association – Association of Corporate Counsel, Minnesota Chapter Recruiting through fundraising efforts Direct recruiting – IP firms – General practice firms with IP departments – Legal departments at top patent-holding companies 11

Staffing and Budget LegalCorp staffing: –.5 FTE employee – Paralegal-level expertise with previous patent experience – $40,000 per year budget ($35/hr + benefits) – Requires funding commitment for next three years USPTO staffing: – Dedicated resources to review, screen and distribute pro se cases and cases that come in through new website portal USPTO resources to develop web page 12

Funding Funding sources – Corporations – Private bar – Bar associations 13

Funding Fundraising approaches – Personal outreach to corporate IP departments At what level can USPTO participate? – Seminar/CLE announcing program in Minnesota Director Kappos as keynote – At what level can Director mention/encourage funding from participants? – Allow for exclusive “sponsorship” to a single funder? 14

Funding Funder benefits – Publicity associated with a new project Inclusion in press releases and other announcements Director’s blog mention Listed on USPTO website pro bono portal – Community relations – Naming rights for exclusive sponsor?? 15

USPTO Fees Filing/Issue Fees – Small/micro entity – Dedicated donation/funding; grant pool – In forma pauperis – Waive? Extension & RCE Fees – Volunteer firm? – Client? – Waive? 16

Forms, Documents & Accountability Client intake form Invention disclosure Board Review Reporting and metrics Client surveys 17

Tasks & Timeline Pre-funding stage Post-funding stage LaunchMaintenance Formally establish LegalCORPS as ISR entity for pilot program Finalize roles of USPTO & LegalCORPS Execute fundraising plan Secure funding for Administrator position Form advisory committee Hire Administrator Execute attorney recruitment plan Finalize forms & processes Develop and deploy publicity plan Announcement of pilot program by USPTO – September 30, 2010 Begin client intake process Place first cases Continue publicity efforts Develop reporting mechanism and timeline Continue fundraising efforts 18

Thank You! 19