[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5796 Engrossed Amendment Senate (EAS)]

<DOC>
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 28, 2022.
    Resolved, 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

                               AMENDMENT:

             Strike all after the enacting clause and insert the 
      following:

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. 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.''.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                               H.R. 5796

_______________________________________________________________________

                               AMENDMENT