117 HR 5796 EAS: Patents for Humanity Act of 2022 U.S. House of Representatives 2022-11-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS2d SessionH.R. 5796In 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