I 
118TH CONGRESS 
2D SESSION H. R. 10416 
To require the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office to establish 
and carry out a pilot program to expedite the examination of applications 
for certain patents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2024 
Mr. BANKS (for himself and Ms. ROSS) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To require the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and 
Trademark Office to establish and carry out a pilot 
program to expedite the examination of applications for 
certain patents, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Leadership in Critical 
and Emerging Technologies Act’’ or the ‘‘Leadership in 
CET Act’’. 
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SEC. 2. PILOT PROGRAM FOR EXPEDITING EXAMINATION 
OF CERTAIN CRITICAL AND EMERGING TECH-
NOLOGY PATENT APPLICATIONS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED APPLICATION.—The term ‘‘cov-
ered application’’ means an application for patent 
with respect to an eligible critical or emerging tech-
nology. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Under Secretary of Commerce for Intellectual 
Property and Director of the Office. 
(3) ELIGIBLE CRITICAL OR EMERGING TECH-
NOLOGY.—The term ‘‘eligible critical or emerging 
technology’’ means— 
(A) artificial intelligence, as defined in sec-
tion 5002 of the National Artificial Intelligence 
Initiative Act of 2020 (15 U.S.C. 9401); 
(B) microelectronics, as defined in section 
10731(a) of the Research and Development, 
Competition, and Innovation Act (42 U.S.C. 
19331(a)); or 
(C) quantum information science, as de-
fined in section 2 of the National Quantum Ini-
tiative Act (15 U.S.C. 8801). 
(4) EXPEDITE.—The term ‘‘expedite’’ means, 
with respect to a covered application, to advance 
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that covered application out of turn through the use 
of a petition to make special. 
(5) OFFICE.—The term ‘‘Office’’ means the 
United States Patent and Trademark Office. 
(6) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the pilot program established under 
subsection (b). 
(b) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Director shall estab-
lish a pilot program to expedite the examination, under 
section 131 of title 35, United States Code, of covered ap-
plications. 
(c) PURPOSE.—The purpose of the pilot program 
shall be to encourage innovation by, and the leadership 
of, the United States with respect to critical or emerging 
technologies by ensuring that covered applications receive 
prompt consideration. 
(d) IMPLEMENTATION.—In carrying out the pilot 
program, the Director— 
(1) shall establish the process by which covered 
applications are expedited; 
(2) may waive— 
(A) the petition fee described in section 
1.102(d) of title 37, Code of Federal Regula-
tions, or any successor regulation; or 
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(B) any other requirement of the Office re-
lating to the accelerated examination program 
or the prioritized examination program; and 
(3) may establish reasonable limitations on the 
number of covered applications that an applicant 
may submit for expedited examination under the 
pilot program. 
(e) QUALIFYING APPLICATIONS.—To best achieve the 
purpose of the pilot program, the Director shall ensure 
that a covered application satisfies the following require-
ments to qualify for the pilot program: 
(1) The applicant submitting the covered appli-
cation is— 
(A) an entity that is incorporated in the 
United States; or 
(B) an inventor who resides in the United 
States. 
(2) The covered application shall be a noncon-
tinuing, original, and nonprovisional patent applica-
tion. 
(f) TERMINATION.— 
(1) IN GENERAL.—The pilot program shall ter-
minate on the earlier of the following: 
(A) The date that is 5 years after the date 
on which the Director first issues a patent for 
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an invention claimed in a covered application 
that is expedited under the pilot program. 
(B) The date on which the Director has 
accepted [10,000] covered applications for par-
ticipation in the pilot program, without regard 
to whether those covered applications have been 
expedited under the pilot program. 
(2) RENEWAL.—If the pilot program terminates 
under paragraph (1)(B), the Director may renew the 
pilot program for the shorter of the following: 
(A) An additional 5-year period. 
(B) An additional period— 
(i) beginning on the date on which the 
pilot program terminates under paragraph 
(1)(B); and 
(ii) ending on the date on which the 
Director 
has 
accepted 
an 
additional 
[10,000] covered applications for participa-
tion in the pilot program, without regard 
to whether those covered applications have 
been expedited under the pilot program. 
(3) NOTICE OF RENEWAL.—The Director shall 
notify Congress of the intent of the Director to 
renew the pilot program under paragraph (2) not 
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later than the date that is the earlier of the fol-
lowing: 
(A) The date that is 60 days before the 
date described in paragraph (1)(A). 
(B) The date that is 30 days after the date 
on which the Director has accepted [8,000] cov-
ered applications for participation in the pilot 
program, without regard to whether those cov-
ered applications have been expedited under the 
pilot program. 
(g) PUBLIC AVAILABILITY OF INFORMATION.—The 
Director shall make publicly available in an easily acces-
sible location on the website of the Office information 
about the pilot program, including— 
(1) the number of covered applications received 
by the Director for participation in the pilot pro-
gram; 
(2) the number of covered applications de-
scribed in paragraph (1) that the Director has ac-
cepted for participation in the pilot program; and 
(3) the number of patents that have been issued 
for inventions claimed in covered applications expe-
dited under the pilot program. 
(h) REPORT TO CONGRESS.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date on which the pilot program terminates 
(including any renewal of the pilot program under 
subsection (f)(2)), the Director shall submit to Con-
gress a report that assesses the impact and effective-
ness of the pilot program based on all available data. 
(2) APPLICABILITY.—The collection of any data 
for the purposes of carrying out paragraph (1) shall 
be exempt from subchapter I of chapter 35 of title 
44, United States Code (commonly referred to as 
the ‘‘Paperwork Reduction Act’’). 
Æ 
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