Patents for Humanity Act of 2022

Bill: 117-hr-5796
Sponsor: full_name: Rep. Jeffries, Hakeem S. [D-NY-8]
Introduced: 2021-11-01
Policy area: Commerce
Subjects: Administrative law and regulatory procedures

Administrative remedies

Advanced technology and technological innovations

Department of Commerce

Intellectual property

Poverty and welfare assistance
Latest action: action_date: 2022-12-20
text: Became Public Law No: 117-245.

Summaries:
action_date: 2021-11-01
action_desc: Introduced in House
text: <p><strong>Patents for Humanity Act of 2021</strong></p> <p>This bill provides statutory authority for a program to award certificates that may be used to accelerate certain proceedings and applications at the U.S. Patent and Trademark Office (PTO). The program established under this bill shall be treated as the successor to the existing Patents for Humanity program.</p> <p>Under this bill, the PTO must hold a competition at least once every two years to award certificates to eligible entities that submit a patent application that addresses a humanitarian issue.</p>

action_date: 2022-04-27
action_desc: Passed House
text: <p><strong>Patents for Humanity Act of 2021</strong></p> <p>This bill provides statutory authority for a program to award certificates that may be used to accelerate certain proceedings and applications at the U.S. Patent and Trademark Office (PTO). The program established under this bill shall be treated as the successor to the existing Patents for Humanity program.</p> <p>Under this bill, the PTO must hold a competition at least once every two years to award certificates to eligible entities that submit a patent application that addresses a humanitarian issue.</p>

action_date: 2022-11-28
action_desc: Passed Senate
text: <p><strong>Patents for Humanity Act of 2022</strong></p> <p>This bill provides statutory authority for a program to award certificates that may be used to accelerate certain proceedings and applications at the U.S. Patent and Trademark Office (PTO). The program established under this bill shall be treated as the successor to the existing Patents for Humanity program.</p> <p>Under this bill, the PTO must hold a competition at least once every two years to award certificates to eligible entities that submit a patent application that addresses a humanitarian issue.</p>

action_date: 2022-12-05
action_desc: House agreed to Senate amendment
text: <p><strong>Patents for Humanity Act of 2022</strong></p> <p>This bill provides statutory authority for a program to award certificates that may be used to accelerate certain proceedings and applications at the U.S. Patent and Trademark Office (PTO). The program established under this bill shall be treated as the successor to the existing Patents for Humanity program.</p> <p>Under this bill, the PTO must hold a competition at least once every two years to award certificates to eligible entities that submit a patent application that addresses a humanitarian issue.</p>

action_date: 2022-12-20
action_desc: Public Law
text: <p><strong>Patents for Humanity Act of 2022</strong></p> <p>This bill provides statutory authority for a program to award certificates that may be used to accelerate certain proceedings and applications at the U.S. Patent and Trademark Office (PTO). The program established under this bill shall be treated as the successor to the existing Patents for Humanity program.</p> <p>Under this bill, the PTO must hold a competition at least once every two years to award certificates to eligible entities that submit a patent application that addresses a humanitarian issue.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5796 IN THE HOUSE OF REPRESENTATIVES November 1, 2021 Mr. Jeffries (for himself and Mrs. Spartz ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes.

1. Short title This Act may be cited as the Patents for Humanity Act of 2021 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including one appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. (4) A matter identified under the rulemaking conducted under subsection (d)(4). (b) Administration The Director shall administer the competition established by subsection (a). (c) Application An eligible entity seeking an award under subsection (a) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require. (d) Rulemaking authority With respect to the competition established by subsection (a), the Director shall conduct a rulemaking proceeding to promulgate rules on the— (1) entities eligible to receive an award; (2) process and metrics by which applications are judged, including the criteria for selecting judges for the competition; (3) factors that will be considered in selecting the eligible entities that receive an award; and (4) additional matters for which a certificate described under subsection (a) may be awarded. (e) Promotion of competition The Director shall promote the competition through the satellite offices established pursuant to section 1 of title 35, United States Code. (f) Treatment as successor The competition established under subsection (a) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). (g) Eligible entity defined In this section, the term eligible entity means a entity that— (1) submits an application under subsection (b) for a patent that addresses a humanitarian issue; and (2) is eligible to receive an award under subsection (d)(1). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established by section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (d) of such section. (c) Technical and conforming amendment The table of sections at the beginning of chapter 2 of title 35, United States Code, is amended by adding at the end the following: Sec. 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

tv_txt: I 117th CONGRESS 2d Session H. R. 5796 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes.

1. Short title This Act may be cited as the Patents for Humanity Act of 2021 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including one appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. (4) A matter identified under subsection (d)(4). (b) Administration The Director shall administer the competition established by subsection (a). (c) Application An eligible entity seeking an award under subsection (a) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require. (d) Rulemaking authority With respect to the competition established by subsection (a), the Director shall conduct a rulemaking proceeding to promulgate rules on the— (1) entities eligible to receive an award; (2) process and metrics by which applications are judged, including the criteria for selecting judges for the competition; (3) factors that will be considered in selecting the eligible entities that receive an award; and (4) additional matters for which a certificate described under subsection (a) may be awarded. (e) Promotion of competition The Director shall promote the competition through the satellite offices established pursuant to section 1. (f) Treatment as successor The competition established under subsection (a) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). (g) Eligible entity defined In this section, the term eligible entity means a entity that— (1) submits an application under subsection (c) for a patent that addresses a humanitarian issue; and (2) is eligible to receive an award under subsection (d)(1). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established by section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (d) of such section. (c) Technical and conforming amendment The table of sections at the beginning of chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

Passed the House of Representatives April 27, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 223 117th CONGRESS 2d Session H. R. 5796 [Report No. 117–302] IN THE HOUSE OF REPRESENTATIVES November 1, 2021 Mr. Jeffries (for himself and Mrs. Spartz ) introduced the following bill; which was referred to the Committee on the Judiciary April 27, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on November 1, 2021 A BILL To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes.

1. Short title This Act may be cited as the Patents for Humanity Act of 2021 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including one appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. (4) A matter identified under subsection (d)(4). (b) Administration The Director shall administer the competition established by subsection (a). (c) Application An eligible entity seeking an award under subsection (a) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require. (d) Rulemaking authority With respect to the competition established by subsection (a), the Director shall conduct a rulemaking proceeding to promulgate rules on the— (1) entities eligible to receive an award; (2) process and metrics by which applications are judged, including the criteria for selecting judges for the competition; (3) factors that will be considered in selecting the eligible entities that receive an award; and (4) additional matters for which a certificate described under subsection (a) may be awarded. (e) Promotion of competition The Director shall promote the competition through the satellite offices established pursuant to section 1. (f) Treatment as successor The competition established under subsection (a) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). (g) Eligible entity defined In this section, the term eligible entity means a entity that— (1) submits an application under subsection (c) for a patent that addresses a humanitarian issue; and (2) is eligible to receive an award under subsection (d)(1). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established by section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (d) of such section. (c) Technical and conforming amendment The table of sections at the beginning of chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

April 27, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 117th CONGRESS 2d Session H. R. 5796 IN THE SENATE OF THE UNITED STATES April 28, 2022 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes.

1. Short title This Act may be cited as the Patents for Humanity Act of 2021 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including one appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. (4) A matter identified under subsection (d)(4). (b) Administration The Director shall administer the competition established by subsection (a). (c) Application An eligible entity seeking an award under subsection (a) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require. (d) Rulemaking authority With respect to the competition established by subsection (a), the Director shall conduct a rulemaking proceeding to promulgate rules on the— (1) entities eligible to receive an award; (2) process and metrics by which applications are judged, including the criteria for selecting judges for the competition; (3) factors that will be considered in selecting the eligible entities that receive an award; and (4) additional matters for which a certificate described under subsection (a) may be awarded. (e) Promotion of competition The Director shall promote the competition through the satellite offices established pursuant to section 1. (f) Treatment as successor The competition established under subsection (a) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). (g) Eligible entity defined In this section, the term eligible entity means a entity that— (1) submits an application under subsection (c) for a patent that addresses a humanitarian issue; and (2) is eligible to receive an award under subsection (d)(1). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established by section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (d) of such section. (c) Technical and conforming amendment The table of sections at the beginning of chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

Passed the House of Representatives April 27, 2022. Cheryl L. Johnson, Clerk.

tv_txt: 117th CONGRESS 2d Session H.R. 5796 In the Senate of the United States, November 28, 2022. Amendment:

That the bill from the House of Representatives (H.R. 5796) entitled An Act to amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title This Act may be cited as the Patents for Humanity Act of 2022 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Definition In this section, the term eligible entity means an entity that— (1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and (2) meets the requirements specified by the Director. (b) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal. (4) A matter identified by the Director. (c) Administration The Director shall administer the competition established under subsection (b). (d) Application An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Promotion of competition The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1. (f) Treatment as successor The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as affecting any action taken by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office before the date of enactment of this Act with respect to the administration of the Patents for Humanity Program established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012). (c) Technical and conforming amendment The table of sections for chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

Secretary

tv_txt: I One Hundred Seventeenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two H. R. 5796 AN ACT To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the Patent and Trademark Office, and for other purposes.

1. Short title This Act may be cited as the Patents for Humanity Act of 2022 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Definition In this section, the term eligible entity means an entity that— (1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and (2) meets the requirements specified by the Director. (b) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal. (4) A matter identified by the Director. (c) Administration The Director shall administer the competition established under subsection (b). (d) Application An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Promotion of competition The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1. (f) Treatment as successor The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as affecting any action taken by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office before the date of enactment of this Act with respect to the administration of the Patents for Humanity Program established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012). (c) Technical and conforming amendment The table of sections for chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.