[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5796 Enrolled Bill (ENR)]
H.R.5796
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
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.