I 
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 Trade-
mark Office, 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 ‘‘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. 
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(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, Ala-
bama, Mississippi, Louisiana, and Arkansas. 
SEC. 3. SATELLITE OFFICES. 
(a) AMENDMENTS TO PURPOSE AND REQUIRED CON-
SIDERATIONS.—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 ac-
tivities to’’; and 
(ii) by inserting after ‘‘Office’’ the fol-
lowing: ‘‘, including by increasing outreach 
activities, including to women, people of 
color, veterans, individual inventors, or 
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members of any other demographic, geo-
graphic, rural population, or economic 
group that the Director may determine to 
be underrepresented in patent filings’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) enhance patent examiner and administra-
tive patent judge retention, including patent exam-
iners and administrative patent judges from eco-
nomically, geographically, and demographically di-
verse 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 hos-
pitals primarily serving veterans and institu-
tions of higher education) and to women, people 
of color, veterans, individual inventors, or mem-
bers of any other demographic, geographic, 
rural population, or economic group that the 
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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 enact-
ment of this Act, the Director shall establish a sat-
ellite 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 Di-
rector shall consider the following: 
(A) The number of patent-intensive indus-
tries located near the selection site. 
(B) The number of research-intensive in-
stitutions, including institutions of higher edu-
cation, located near the selection site. 
(C) Any legal or business frameworks of 
the relevant State or local government that sup-
port intellectual property-intensive industries lo-
cated 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 
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whether additional satellite offices of the Office are nec-
essary 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 in-
ventors, or members of any other demographic, geo-
graphic, 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 en-
actment of this Act, the Director shall establish not 
fewer than 4 community outreach offices throughout 
the United States. 
(2) RESTRICTION.—No community outreach of-
fice 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 ENG-
LAND REGION.— 
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(A) IN GENERAL.—The Director shall es-
tablish not less than 1 community outreach of-
fice 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 estab-
lished 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 edu-
cation and not less than 1 private in-
stitution 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 Of-
fice; 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 de-
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fined for the purposes of the Survey) are 
owned by women, minorities, or veterans. 
(b) PURPOSES.—The purposes of the community out-
reach offices established under subsection (a) are to— 
(1) further achieve the purpose described in 
section 23(b)(1) of the Leahy-Smith America In-
vents Act (35 U.S.C. 1 note), as amended by this 
Act; 
(2) partner with local community organizations, 
institutions of higher education, research institu-
tions, and businesses to create community-based 
programs that— 
(A) provide education regarding the patent 
system; and 
(B) promote the career benefits of innova-
tion and entrepreneurship; and 
(3) educate prospective inventors, including 
women, people of color, veterans, individual inven-
tors, or members of any other demographic, geo-
graphic, rural population, or economic group that 
the Director may determine to be underrepresented 
in patent filings about all public and private re-
sources available to potential patent applicants, in-
cluding the patent pro bono programs. 
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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 re-
quired under subparagraph (A) to the Com-
mittee 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 pro-
grams, 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 popu-
lation, or economic group that the Director 
may determine to be underrepresented in 
patent filings; 
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(ii) whether the patent pro bono pro-
grams are sufficiently funded to serve pro-
spective participants; 
(iii) whether any participation require-
ments of the patent pro bono programs, in-
cluding 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 attor-
neys 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 ad-
vocates; and 
(vii) any other issue the Director de-
termines appropriate; and 
(B) make recommendations for such ad-
ministrative and legislative action as may be ap-
propriate. 
(b) USE OF RESULTS.—Upon completion of the study 
required under subsection (a), the Director shall work 
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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 Di-
rector 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 in-
come 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 estab-
lish a pilot program to assist first-time prospective patent 
applicants in assessing the likelihood of issuance of a po-
tential patent submitted by such a prospective applicant. 
(b) CONSIDERATIONS.—In developing the pilot pro-
gram required under subsection (a), the Director shall es-
tablish— 
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(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 re-
sources; 
(3) reasonable limitations on the amount of 
time to be spent providing assistance to each indi-
vidual 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 ap-
plicants. 
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 
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(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
CERTIFI-
CATIONS.—In addition to any other penalty available 
under law, an applicant that is found to have made a cer-
tification 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 fol-
lowing: 
‘‘(4) PENALTIES
FOR
FRAUDULENT
CERTIFI-
CATIONS.—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 reduc-
tion required by this subsection applies, such entity 
shall be subject to the following penalties: 
‘‘(A) Abandonment of the patent applica-
tion concerned, if such application is pending. 
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‘‘(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 strik-
ing ‘‘75 percent’’ and inserting ‘‘80 percent, or by a higher 
percentage at the discretion of the Director,’’. 
Æ 
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