I 

115TH CONGRESS 

2D SESSION H. R. 5862 

To amend chapter 11 of title 35, United States Code, to require the voluntary 

collection of demographic information for patent applications, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2018 

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend chapter 11 of title 35, United States Code, to 

require the voluntary collection of demographic information for patent applications, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Inventor Diversity and 

5 Equality Act of 2018’’. 


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1 SEC. 2. COLLECTION OF DEMOGRAPHIC INFORMATION FOR 

2 PATENT APPLICATIONS. 

3 (a) AMENDMENT.—Chapter 11 of title 35, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 124. Collection of demographic information for 

7 patent applications 

8 ‘‘(a) VOLUNTARY COLLECTION.—The Director shall 

9 provide for the collection of demographic information (in10 cluding gender, race, ethnicity, national origin, age, and 

11 income level) related to an inventor with an application 

12 for patent, that may be submitted voluntarily by that in13 ventor. 

14 ‘‘(b) ACCESS TO INFORMATION.—Any information 

15 submitted under subsection (a) shall be kept confidential 

16 and separate from the application for patent. The Director 

17 shall establish appropriate procedures to ensure the con18 fidentiality of any information submitted under subsection 

19 (a) and to ensure that demographic information is not in20 cluded when the application for patent is reviewed. 

21 ‘‘(c) PUBLICATION OF DEMOGRAPHIC INFORMA22 TION.— 

23 ‘‘(1) REPORT REQUIRED.—Not later than Jan24 uary 31 of each year, the Director shall publish a re25 port that includes the following: 


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1 ‘‘(A) The total number of patent applica2 tions filed during the previous year disaggre3 gated by demographic information and by class 

4 number and title. 

5 ‘‘(B) The total number of patents issued 

6 during the previous year disaggregated by de7 mographic information and by class number 

8 and title. 

9 ‘‘(2) PRIVACY.—Any personally identifying in10 formation may not be included in the report de11 scribed in paragraph (1). If any information that is 

12 required to be included in the report would be per13 sonally identifying information, such information 

14 shall be excluded from the report. 

15 ‘‘(3) FORMAT.—The report described in para16 graph (1) shall be made available in a format that 

17 allows the demographic information to be cross-tab18 ulated to review subgroups.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections at the beginning of chapter 11 of 

21 title 35, United States Code, is amended by adding at the 

22 end the following new item: 

‘‘124. Collection of demographic information for patent applications.’’. 

Æ 


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