I 
115TH CONGRESS 
2D SESSION 
H. R. 5887 
To amend the Leahy-Smith America Invents Act to extend the period during 
which the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office may set 
or adjust certain fees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2018 
Mr. CHABOT (for himself and Mr. JOHNSON of Georgia) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Leahy-Smith America Invents Act to extend 
the period during which the Under Secretary of Com-
merce for Intellectual Property and Director of the 
United States Patent and Trademark Office may set 
or adjust certain fees, 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 ‘‘Building Innovation 
Growth through Data for Intellectual Property Act’’ or the 
‘‘BIG Data for IP Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘advanced data science analytics’’ 
means techniques, such as artificial intelligence, ma-
chine learning, and other methods of analyzing large 
data sets, that are used to make policy recommenda-
tions; 
(2) the term ‘‘Director’’ means the Under Sec-
retary of Commerce for Intellectual Property and 
Director of the Office; 
(3) the term ‘‘Office’’ means the United States 
Patent and Trademark Office; 
(4) the term ‘‘PPAC’’ means the Patent Public 
Advisory Committee of the Office; and 
(5) the term ‘‘TPAC’’ means the Trademark 
Public Advisory Committee of the Office. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) Section 10(a) of the Leahy-Smith America 
Invents Act (35 U.S.C. 41 note) grants the Director 
the authority to ‘‘set or adjust by rule any fee estab-
lished, authorized, or charged under title 35, United 
States Code, or the Trademark Act of 1946. . . . to 
recover the aggregate estimated costs to the Office 
for processing, activities, services, and materials re-
lating to patents (in the case of patent fees) and 
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trademarks (in the case of trademark fees), includ-
ing administrative costs of the Office’’. 
(2) The Office has worked with PPAC, TPAC, 
and the public to engage in a fee-setting process 
that is transparent, as envisioned by the Leahy- 
Smith America Invents Act (Public Law 112–29; 
125 Stat. 284). 
(3) Since 2011, the Office has used this fee-set-
ting authority to implement a sustainable funding 
model with an operating reserve, which allows the 
Office to invest in long-term projects, including cru-
cial infrastructure upgrades that are necessary for a 
21st century intellectual property office, regardless 
of whether there are temporary fluctuations in pat-
ent or trademark filings. 
(4) The infrastructure upgrades described in 
paragraph (3) include the use of advanced data 
science analytics, which will help to— 
(A) improve productivity and quality with 
respect to the issuance of patents and trade-
marks; and 
(B) ensure— 
(i) the consistent application of laws 
by nearly 9,000 patent examiners and 
trademark examining attorneys; and 
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(ii) the certainty and strength of fed-
erally granted rights that are foundational 
to the economy of the United States. 
SEC. 4. EXTENSION OF SUNSET. 
Section 10(i)(2) of the Leahy-Smith America Invents 
Act (35 U.S.C. 41 note) is amended by striking ‘‘the 7- 
year period beginning on the date of the enactment of this 
Act’’ and inserting ‘‘the 8-year period beginning on the 
date of enactment of the BIG Data for IP Act’’. 
SEC. 5. REPORT. 
Not later than 2 years after the date of enactment 
of this Act, the Director shall submit to Congress a report 
that includes— 
(1) the status of the capabilities of the informa-
tion technology systems of the Office with respect 
to— 
(A) the examination of patents and trade-
marks; and 
(B) proceedings conducted before the— 
(i) Patent Trial and Appeal Board of 
the Office; and 
(ii) Trademark Trial and Appeal 
Board of the Office; 
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(2) a 5-year plan for further modernization of 
the information technology systems described in 
paragraph (1); and 
(3) an accounting of the use by the Office of 
advanced data science analytics, including from com-
mercially available sources, to improve the patent 
and trademark examination process where appro-
priate, including— 
(A) a description of how the Office uses 
advanced data science analytics with respect to 
the examination of patents and trademarks 
to— 
(i) improve consistency; 
(ii) detect common sources of error; 
and 
(iii) improve productivity; 
(B) a 5-year plan for further development 
of advanced data science analytics for the uses 
described in subparagraph (A); and 
(C) a description of how the findings made 
as a result of the uses of advanced data science 
analytics under subparagraph (A) shall be made 
available to the public on a regular basis. 
Æ 
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