Patents for Humanity Act of 2022
PL 117-245 (H.R.5796), enacted 12/20/2022

[117th Congress Public Law 245]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2343]]

Public Law 117-245
117th Congress

                                 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. <<NOTE: Dec. 
                       20, 2022 -  [H.R. 5796]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Patents for 
Humanity Act of 2022. 35 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patents for Humanity Act of 2022''.
SEC. 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:
``Sec. 28. <<NOTE: 35 USC 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) <<NOTE: Time period.>>  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.

[[Page 136 STAT. 2344]]

    ``(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) <<NOTE: 35 USC 28 note.>>  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, <<NOTE: 35 USC 21 prec.>>  is 
amended by adding at the end the following:

``28. Award of certificates to accelerate certain matters at the Patent 
           and Trademark Office.''.

    Approved December 20, 2022.

LEGISLATIVE HISTORY--H.R. 5796:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-302 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Apr. 27, considered and passed House.
            Nov. 28, considered and passed Senate, amended.
            Dec. 5, 6, House considered and concurred in Senate 
                amendment.

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