Unleashing American Innovators Act of 2022
Bill: H.R.8697 | Sponsor: Rep. Ross, Deborah K. (D-NC)
Policy area: Commerce

Summary:
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.

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,''.
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