Pilot program for expediting examination of certain critical and emerging technology patent applications

(a)

Definitions

In this section: (1)

Covered application

The term covered application means an application for patent that contains at least 1 claimed invention directed to an eligible critical or emerging technology. (2)

Director

The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the Office. (3)

Eligible critical or emerging technology

The term eligible critical or emerging technology means— (A)an artificial intelligence capability relating to— (i)machine learning; (ii)deep learning; (iii)reinforcement learning; (iv)sensory perception or recognition; (v)an artificial intelligence assurance or assessment technique; (vi)a foundation model; (vii)a generative artificial intelligence system or multimodal or large language model; (viii)a synthetic data approach for training, tuning, or testing; (ix)planning, reasoning, or decision making; or (x)the improvement of artificial intelligence safety, trust, security, or responsible use; (B)semiconductor design or an electronic design automation tool; or (C)a quantum information science capability relating to— (i)quantum computing; (ii)materials, isotopes, or fabrication techniques for quantum devices; (iii)quantum sensing; or (iv)quantum communications or networking. (4)

Expedite

The term expedite means, with respect to a covered application, to advance that covered application out of turn through the use of a petition to make special. (5)

Office

The term Office means the United States Patent and Trademark Office. (6)

Pilot program

The term pilot program means the pilot program established under subsection (b). (b)

Establishment

Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to expedite the examination, under section 131 of title 35, United States Code, of covered applications. (c)

Purpose

The purpose of the pilot program shall be to encourage innovation by, and the leadership of, the United States with respect to critical or emerging technologies by ensuring that covered applications receive prompt consideration. (d)

Implementation

In carrying out the pilot program, the Director may— (1)by regulation, and in addition to the requirements under subsection (e), prescribe the conditions under which a covered application shall be accepted and examined under the pilot program, including— (A)the requirements to participate in the pilot program; (B)internal processing by the Office of covered applications under the pilot program; (C)requirements for restriction or unity of inventions identified in covered applications; (D)the period during which the applicant submitting the covered application may reply with respect to an action taken by the Office with respect to the covered application; (E)standards relating to a reply described in subparagraph (D); (F)standards or procedures governing— (i)any amendment, affidavit, or other evidence filed after a final action taken by the Office with respect to the covered application; and (ii)any process for appeal with respect to a final action described in clause (i); and (G)the withdrawal, by an applicant, of a covered application submitted under the pilot program; (2)waive— (A)the petition fee described in section 1.102(d) of title 37, Code of Federal Regulations, or any successor regulation; or (B)any other requirement of the Office relating to the accelerated examination program or the prioritized examination program; and (3)consult with the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Director of National Intelligence, or the head of any other Federal agency, as may be appropriate to carry out the pilot program. (e)

Qualifying applications

To best achieve the purpose of the pilot program, the Director shall ensure that a covered application satisfies the following requirements to qualify for the pilot program: (1)The applicant submitting the covered application— (A)is not a foreign entity of concern, as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651); and (B)certifies in the covered application that the inventor or any joint inventor with respect to any claimed invention in the covered application has not been named as the inventor or joint inventor with respect to more than 4 other covered applications submitted under the pilot program. (2)The covered application is a noncontinuing, nonprovisional application for an original utility patent filed under section 111(a) of title 35, United States Code, that does not claim any domestic benefit under section 120, 121, 365(c), or 386(c) of that title. (f)

Termination

(1)

In general

The pilot program shall terminate on the earlier of the following: (A)The date that is 5 years after the date on which the Director first accepts a covered application for participation in the pilot program. (B)The date on which the Director has accepted 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program. (2)

Renewal

If the pilot program terminates under paragraph (1)(B), the Director may renew the pilot program for the shorter of the following: (A)An additional 5-year period, beginning on the date on which the pilot program terminates under paragraph (1)(B). (B)An additional period— (i)beginning on the date on which the pilot program terminates under paragraph (1)(B); and (ii)ending on the date on which the Director has accepted an additional 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program. (3)

Notice of renewal

The Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the intent of the Director to renew the pilot program under paragraph (2) not later than the date that is the earlier of the following: (A)The date that is 60 days before the date described in paragraph (1)(A). (B)The date that is 30 days after the date on which the Director has accepted 12,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program. (g)

Public availability of information

The Director shall make publicly available in an easily accessible location on the website of the Office information about the pilot program, including— (1)the number of covered applications submitted under the pilot program; (2)the number of covered applications described in paragraph (1) that the Director has accepted for participation in the pilot program; and (3)the number of patents that have been issued for inventions claimed in covered applications expedited under the pilot program. (h)

Report to Congress

(1)

In general

Not later than 180 days after the date on which the pilot program terminates (including any renewal of the pilot program under subsection (f)(2)), the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that assesses the impact and effectiveness of the pilot program based on all available data. (2)

Applicability

The collection of any data for the purposes of carrying out paragraph (1) shall be exempt from subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act).