Unleashing American Innovators Act of 2022
This bill modifies the responsibilities of U.S. Patent and Trademark Office (PTO) satellite offices, increases the discount on patent-related fees for small and micro entities, and addresses related issues.
Specifically, the bill modifies the statutory purpose of PTO satellite offices to include outreach and retention activities targeting underrepresented groups and individuals from economically, geographically, and demographically diverse backgrounds.
For each satellite office established after July 1, 2022, the PTO must consider the office's proximity to anchor institutions (e.g., hospitals primarily serving veterans and institutions of higher education) and populations that are underrepresented in patent filings, including women, people of color, and rural populations.
The PTO must establish (1) a satellite office in the southeastern United States within three years of this bill's enactment, (2) at least four community outreach offices throughout the United States within five years of this bill's enactment, and (3) a pilot program to help prospective first-time patent applicants assess the likelihood that a potential patent will be issued.
The PTO must also (1) conduct and report to Congress a study on patent pro bono programs, including whether such programs are sufficiently serving underrepresented groups; and (2) use the study's findings to update such pro bono programs.
In addition to increasing the discount on fees for small and micro entities, the bill also imposes penalties for making a fraudulent certification to obtain the discount, specifically by revoking any patent resulting from an application related to the fraudulent certification.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8697 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8697
To amend the Leahy-Smith America Invents Act to address satellite
offices of the United States Patent and Trademark Office, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 9, 2022
Ms. Ross (for herself and Ms. Mace) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Leahy-Smith America Invents Act to address satellite
offices of the United States Patent and Trademark Office, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unleashing American Innovators Act
of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(3) Patent pro bono programs.--The term ``patent pro bono
programs'' means the programs established pursuant to section
32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).
(4) Southeast region of the united states.--The term
``southeast region of the United States'' means the area of the
United States that is comprised of the States of Virginia,
North Carolina, South Carolina, Georgia, Florida, Tennessee,
Alabama, Mississippi, Louisiana, and Arkansas.
SEC. 3. SATELLITE OFFICES.
(a) Amendments to Purpose and Required Considerations.--Section 23
of the Leahy-Smith America Invents Act (Public Law 112-29; 35 U.S.C. 1
note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``increase outreach
activities to''; and
(ii) by inserting after ``Office'' the
following: ``, including by increasing outreach
activities, including to women, people of
color, veterans, individual inventors, or
members of any other demographic, geographic,
rural population, or economic group that the
Director may determine to be underrepresented
in patent filings''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) enhance patent examiner and administrative patent
judge retention, including patent examiners and administrative
patent judges from economically, geographically, and
demographically diverse backgrounds;''; and
(2) in subsection (c)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) with respect to each office established after
July 1, 2022, shall consider the proximity of the
office to anchor institutions (such as hospitals
primarily serving veterans and institutions of higher
education) and to women, people of color, veterans,
individual inventors, or members of any other
demographic, geographic, rural population, or economic
group that the Director may determine to be
underrepresented in patent filings.''.
(b) Southeast Regional Office.--
(1) In general.--In addition to the satellite offices
required to be established under section 23 of the Leahy-Smith
America Invents Act (35 U.S.C. note), not later than 3 years
after the date of enactment of this Act, the Director shall
establish a satellite office of the Office in the southeast
region of the United States.
(2) Considerations.--When selecting a site for the office
required under paragraph (1), the Director shall consider the
following:
(A) The number of patent-intensive industries
located near the selection site.
(B) The number of research-intensive institutions,
including institutions of higher education, located
near the selection site.
(C) Any legal or business frameworks of the
relevant State or local government that support
intellectual property-intensive industries located near
the selection site.
(c) Study on Additional Satellite Offices.--Not later than 2 years
after the date of enactment of this Act, the Director shall complete a
study to determine whether additional satellite offices of the Office
are necessary to--
(1) achieve the purposes described in section 23(b) of the
Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended
by this section; and
(2) increase participation in the patent system by women,
people of color, veterans, individual inventors, or members of
any other demographic, geographic, rural population, or
economic group that the Director may determine to be
underrepresented in patent filings.
SEC. 4. COMMUNITY OUTREACH OFFICES.
(a) Establishment.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 5 years after the date of enactment of this Act, the
Director shall establish not fewer than 4 community outreach
offices throughout the United States.
(2) Restriction.--No community outreach office established
under paragraph (1) may be located in the same State as--
(A) the principal office of the Office; or
(B) any satellite office of the Office.
(3) Requirement for northern new england region.--
(A) In general.--The Director shall establish not
less than 1 community outreach office under this
subsection in the northern New England region, which
shall serve the States of Vermont, New Hampshire, and
Maine.
(B) Considerations.--In determining the location
for the office required to be established under
subparagraph (A), the Director shall give preference to
a location in which--
(i) as of the date of enactment of this
Act--
(I) there is located not less than
1 public institution of higher
education and not less than 1 private
institution of higher education; and
(II) there are located not more
than 15 registered patent attorneys,
according to data from the Office of
Enrollment and Discipline of the
Office; and
(ii) according to data from the 2012 Survey
of Business Owners conducted by the Bureau of
the Census, less than 45 percent of the firms
(as that term is defined for the purposes of
the Survey) are owned by women, minorities, or
veterans.
(b) Purposes.--The purposes of the community outreach offices
established under subsection (a) are to--
(1) further achieve the purpose described in section
23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1
note), as amended by this Act;
(2) partner with local community organizations,
institutions of higher education, research institutions, and
businesses to create community-based programs that--
(A) provide education regarding the patent system;
and
(B) promote the career benefits of innovation and
entrepreneurship; and
(3) educate prospective inventors, including women, people
of color, veterans, individual inventors, or members of any
other demographic, geographic, rural population, or economic
group that the Director may determine to be underrepresented in
patent filings about all public and private resources available
to potential patent applicants, including the patent pro bono
programs.
SEC. 5. UPDATES TO THE PATENT PRO BONO PROGRAM.
(a) Study and Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(A) complete a study of the patent pro bono
programs; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
(2) Scope of the study.--The study required under paragraph
(1)(A) shall--
(A) assess--
(i) whether the patent pro bono programs,
as in effect on the date on which the study is
commenced, are sufficiently serving women,
people of color, veterans, individual
inventors, or members of any other demographic,
geographic, rural population, or economic group
that the Director may determine to be
underrepresented in patent filings;
(ii) whether the patent pro bono programs
are sufficiently funded to serve prospective
participants;
(iii) whether any participation
requirements of the patent pro bono programs,
including any requirement to demonstrate
knowledge of the patent system, serve as a
deterrent for prospective participants;
(iv) the degree to which prospective
inventors are aware of the patent pro bono
programs;
(v) what factors, if any, deter attorneys
from participating in the patent pro bono
program;
(vi) whether the program would be improved
by expanding the patent pro bono program to
include non-attorney advocates; and
(vii) any other issue the Director
determines appropriate; and
(B) make recommendations for such administrative
and legislative action as may be appropriate.
(b) Use of Results.--Upon completion of the study required under
subsection (a), the Director shall work with the Patent Pro Bono
Advisory Council, operators of patent pro bono programs, and
intellectual property law associations across the United States to
update the patent pro bono programs in response to the findings of the
study.
(c) Expansion of Income Eligibility.--The Director shall work with
and support, including by providing financial support, to intellectual
property law associations across the United States that have
established patent pro bono programs to expand eligibility for such
programs to individuals living in a household, the gross household
income of which is not more than 400 percent of the Federal poverty
line. Patent pro bono programs may elect to set a higher eligibility
level.
SEC. 6. PRE-PROSECUTION PATENTABILITY ASSESSMENT PILOT PROGRAM.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a pilot program to
assist first-time prospective patent applicants in assessing the
likelihood of issuance of a potential patent submitted by such a
prospective applicant.
(b) Considerations.--In developing the pilot program required under
subsection (a), the Director shall establish--
(1) a notification process to notify a prospective patent
applicant seeking an assessment described in that subsection
that any assessment so provided may not be considered an
official ruling of patentability from the Office;
(2) conditions to determine eligibility for the pilot
program, taking into consideration available resources;
(3) reasonable limitations on the amount of time to be
spent providing assistance to each individual first-time
prospective patent applicant;
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono
programs; and
(5) procedures to protect the confidentiality of the
information disclosed by prospective patent applicants.
SEC. 7. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
(a) Title 35.--Section 41(h) of title 35, United States Code, is
amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``60 percent or more, at the discretion of the
Director,''; and
(2) in paragraph (3), by striking ``75 percent'' and
inserting ``80 percent or more, at the discretion of the
Director,''.
(b) Title 35.--Section 123 of title 35, United States Code, is
amended by adding at the end the following:
``(f) Penalties for Fraudulent Certifications.--In addition to any
other penalty available under law, an applicant that is found to have
made a certification described under this section on a fraudulent basis
shall be subject to the following penalties:
``(1) Abandonment of the patent application concerned, if
such application is pending.
``(2) Revocation of the patent concerned, if the patent has
been issued.''.
(c) Title 35.--Section 41(h) of title 35, United States Code, is
amended by adding at the end the following:
``(4) Penalties for fraudulent certifications.--In addition
to any other penalty available under law, an entity that is
found to have made a certification on a fraudulent basis that a
fee reduction required by this subsection applies, such entity
shall be subject to the following penalties:
``(A) Abandonment of the patent application
concerned, if such application is pending.
``(B) Revocation of the patent concerned, if the
patent has been issued.''.
(d) Leahy-Smith America Invents Act.--Section 10(b) of the Leahy-
Smith America Invents Act (Public Law 112-29; 35 U.S.C. 41 note) is
amended by striking ``50 percent'' and inserting ``60 percent, or by a
higher percentage at the discretion of the Director,'' and by striking
``75 percent'' and inserting ``80 percent, or by a higher percentage at
the discretion of the Director,''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
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