Patent Clinic
Please note that the Trademark Law Clinic is not currently operating, therefore we are not accepting applications at this time.
Welcome to the UCLA Patent Law Clinic. The UCLA Patent Law Clinic is a law school teaching clinic offering pro bono student practitioner representation of eligible clients seeking a patent registration before the U.S. Patent and Trademark Office (USPTO). The preferred client includes individual entrepreneurs, small businesses, and entities with limited funds or for whom the costs of private representation would severely financially stress the resources available to the client, or clients of significant interest to the clinical program.
Not all potential clients are eligible under our guidelines, nor are we able to represent all eligible clients who contact us. Our capability to take on additional clients is limited and client selection windows only open as our capacity permits. Selection of clients is also based on whether we have a student practitioner who matches the potential client's needs, and whether the potential client has demonstrated an ability and commitment to successfully complete both the application process and stated business goals of the client.
The financial value of the services offered to the client by the Patent Clinic can be substantial. Therefore, the preferred client will have demonstrated a serious engagement with the patent law system, a demonstrated ability to complete the PO process, a demonstrated need for pro bono assistance, a likelihood of ultimate success legally and in business in the proposed matter, and a recognized shared benefit to society and the economy. Based on our shared objectives, elements of the eligibility screening of the USPTO's Pro Bono Program for Law Bar Associations have been adopted by the UCLA Patent Law Clinic. In addition, the UCLA Patent Law Clinic gives special preference to potential clients, who are California residents and businesses, those doing business in California, or whose enterprise has special value or interest to Californians and the State of California. Specific client eligibility criteria is noted below.
Potential clients are encouraged to email the clinic at uspto@law.ucla.edu. We review applications for services in December of each year and may contact you concerning our capacity and your eligibility shortly after that time. We do not review requests for representation at any other times of the year.
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Client Eligibility Criteria
The America Invents Act (AIA) encourages the United States Patent and Trademark Office (USPTO) to "work with and support intellectual property law associations across the country in the establishment of pro bono programs designed to assist financially under-resourced independent inventors and small businesses."
The Law School Clinic Certification Program of the USPTO allows law students enrolled in a participating law school’s clinic program to practice Intellectual Property Law before the USPTO under the strict guidance of a law school faculty clinic supervisor. The program currently consists of students practicing in patent law before the USPTO. The program is administered by the Office of Enrollment and Discipline. The Director of the Office of Enrollment and Discipline grants the law students limited recognition to practice before the Office.
Students gain experience drafting and filing patent applications for clients of the law school clinic. Furthermore, as they are authorized to practice before the USPTO, they gain experience answering Office Actions and communicating with patent examining attorneys for the applications they have filed.
The Law School Clinic Certification Program is not formally affiliated with the USPTO pro bono program administered by the Federal Circuit Bar Association, but it does not charge clients fees for any services rendered. Clients are responsible for paying the USPTO filing fees and other costs affiliated with their applications. Review some of the additional costs that clients may have to pay to the USPTO.
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Client Eligibility Rules
The goal of the clinic is to provide an opportunity to qualified UCLA law students in their second or third year to learn patent prosecution skills and to have an opportunity to practice those skills subject to supervision by an experienced lawyer. Not all persons who apply may be eligible for acceptance as a client into the UCLA Patent Program (the UCLA Patent Clinic). Acceptance into the pro bono program requires each prospective pro bono client to be screened for eligibility.
Applications by prospective clients will be reviewed by the Supervising Attorney or Clinic Director and at least one student to determine eligibility. If eligible, the client will be invited to a personal or telephonic intake interview with the Supervising Attorney and at least one student and requested, if appropriate, to sign and return a written retainer agreement, even though there will be no attorneys’ fees charged. Representation of the client does not begin until the retainer agreement is signed by both the client and the Supervising Attorney or Clinic Director. Representation will end when the application is registered, granted or abandoned.
The prospective client must be in a position to be ready for filing, be seriously committed to his or her project, and to be income means tested, but have at least the financial means to pay his or her own official filing fees. The following criteria will be used to determine client eligibility for legal services from UCLA Patent Clinic:
- A prospective client’s gross income from all sources must be at or below $150,000 per year. Proof of income is required.
- The prospective client must demonstrate it has the USPTO fees needed to file their patent application.
- The prospective client must have an invention, not merely an idea. Prospective clients will be asked to articulate their invention as one that third parties can potentially use.
The UCLA Patent Clinic cannot take on the following:
- Contested matters or matters in which there is a known legal claim or demand is being made or is likely to be made on the prospective client.
- Matters which are time sensitive for any reason, including a potential bar within the next 30 days, are not accepted without explicit permission of the Supervising Attorney or Clinical Director.
The UCLA Patent Clinic reserves the right in any individual case to waive all or any portion of the client eligibility rules, to include additional conditions on a case-by-case basis or to change the criteria without notice according to its sole discretion and the best interests of the program.
