A recent study highlighted the inequality among patent inventors in the US, with the paper noting that if women, racial minorities, and people from low-income backgrounds invented at the same rate as high-income white men, the overall invention rate in the country would quadruple.[1] Another 2017 study revealed that individuals from high-income families were about nine times more likely to file a patent than those from low-income families and nearly four times more likely than those from middle-income backgrounds.[2]
The disparities are even starker in developing countries. The limitations faced by developing countries in legal infrastructure and human resources to handle complex patent claims not only restrict access to patent protection but also deepen the divide in the distribution of innovative technologies across the globe.[3] Limited financial resources and high costs involved in engaging with the global patent system often lead to technological dependency on developed economies.[4]
WIPO’s Inventor Assistance Program
Launched on October 17, 2016,[5] after pilot runs in Colombia, the Philippines, and Morocco, the World Intellectual Property Organization’s (WIPO) Inventor Assistance Program (IAP) was created to support inventors and small enterprises with limited finances in securing patent protection.
The program is rooted in the belief that every inventor—regardless of socioeconomic background—should have the opportunity to protect their inventions based on merit. Further, many patent applications were being rejected due to procedural issues stemming from applicants’ unfamiliarity with the complex filing process and their inability to afford legal counsel.
The IAP addresses these barriers by matching qualified inventors with experienced patent professionals who volunteer their expertise to guide them through the patent process.
Currently, the IAP operates in ten countries: Chile, Colombia, Ecuador, Kenya, Morocco, Pakistan, Peru, the Philippines, Singapore, and South Africa.
IAP’s Key Features
Here are the key features of the program:
- Beneficiaries’ Eligibility: To receive support, beneficiaries must be residents of a participating country, possess basic knowledge of the patent system, and meet income and invention-related eligibility requirements set by their country.[6]
- IAP Online Platform: This platform serves as the program’s digital infrastructure and is used by beneficiaries, volunteers, country focal points, and WIPO.
- Governance: As the program’s central governance body, the IAP Steering Committee provides strategic direction, guidance, and support. It also approves new participating countries, monitors IAP implementation, etc.
- Support Provided under IAP: The pro bono services provided by volunteers (including patent attorneys, agents, search specialists, etc.) to beneficiaries may include:
- drafting and filing patent applications;
- managing patent applications and corresponding with patent offices during further prosecution process; and
- providing guidance for commercializing patents.
The services cover national filings in the beneficiary’s own country and other selected jurisdictions, including through the Patent Cooperation Treaty (PCT) system.
- No Direct Financial Assistance: No direct financial assistance is offered under the program, with beneficiaries being responsible for the official costs associated with a patent application and any out-of-pocket costs necessary to complete the application.
- Services Not Included: Patent litigation services and commercialization services are not included under the program. Further, the services are limited to patents and utility models and the associated application processes and do not extend to other types of IP rights.
- Volunteers Assigned to a Specific IAP Application: There is no limit on how many applications can be supported for an IAP beneficiary. However, volunteers are assigned to a specific IAP application, and the beneficiary cannot ask the volunteer to help with another application without going through the selection process.
- Role of Participating Countries: Apart from building the local IAP framework, participating countries are required to recruit local volunteers and consider options to enhance the affordability of patent protection for the IAP beneficiaries.
Patents Granted through IAP Support
As of March 2024, 50 patents have been granted with support under the program.[7] Beneficiaries have been able to protect their inventions, including life-changing inventions such as a brain-controlled lower limb prosthesis and artificial nerve guidance for the treatment of peripheral nerve injuries.
Is India Likely to Join the IAP?
To join the IAP, countries should, inter alia, have a low rate of patent filings by local innovators and a limited success rate of local innovators using the patent system. However, India’s patent activity suggests otherwise.
In 2023, the Indian Patent Office received 90,298 patent applications and processed 93,401, with 76,053 patents granted—a significant volume compared to current IAP member countries.[8] For context, the same year saw far fewer applications in countries like Chile (3,251), Ecuador (433), and South Africa (10,729).
Given these figures, it seems unlikely that India will join the IAP in its current form. It may be worth mentioning that the Government of India is running a somewhat similar program wherein startups can reach out to attorneys registered with the Indian IP Office’s SIPP program to seek their help in patent/trademark services at no cost, as the Government bears the same under the SIPP scheme.
Conclusion
WIPO’s program undoubtedly plays a vital role in bridging the gap between innovation and access to patent protection, particularly for under-resourced inventors and small enterprises in developing countries. By providing access to pro bono services, the program ensures that promising innovations—regardless of origin or income—have a fair chance to be protected and brought to life.
While the program continues to make a meaningful impact in the ten participating countries, its model may not be universally applicable. Nonetheless, the IAP remains a powerful example of how targeted support can drive inclusive innovation and promote a more equitable global intellectual property system.