[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4210 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4210

 To amend title 35, United States Code, to establish a competition to 
 award certificates that can be redeemed to accelerate certain matters 
    at the United States Patent and Trademark Office, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2022

Mr. Leahy (for himself and Mr. Grassley) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 35, United States Code, to establish a competition to 
 award certificates that can be redeemed to accelerate certain matters 
    at the United States 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--
            ``(1) the application of which submitted under subsection 
        (d) is with respect to a patent that addresses a humanitarian 
        issue; and
            ``(2) that, pursuant to subsection (e)(1), is eligible to 
        receive an award under the competition established under 
        subsection (b).
    ``(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 under subsection (e)(4).
    ``(c) Administration.--The Director shall administer the 
competition established under subsection (b).
    ``(d) Application.--An eligible 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) Rulemaking Authority.--With respect to the competition 
established under subsection (b), the Director shall conduct a 
rulemaking proceeding to promulgate rules on the--
            ``(1) entities that are eligible to receive an award under 
        the competition;
            ``(2) process and metrics by which applications submitted 
        under subsection (d) are judged, including the criteria for 
        selecting judges for the competition;
            ``(3) factors that will be considered in selecting the 
        eligible entities that receive awards under the competition; 
        and
            ``(4) additional matters for which a certificate described 
        in subsection (b) may be awarded.
    ``(f) Promotion of Competition.--The Director shall promote the 
competition established under subsection (b) through the satellite 
offices established pursuant to section 1(b).
    ``(g) 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 prohibiting the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office from administering the 
competition established under section 28 of title 35, United States 
Code, as added by subsection (a), before the date on which all rules 
are promulgated under the rulemaking proceeding required by subsection 
(e) of such section 28.
    (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.''.
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