[Congressional Record Volume 158, Number 154 (Tuesday, December 4, 2012)]
[Senate]
[Pages S7402-S7403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Coons):
  S. 3652. A bill to allow acceleration certificates awarded under the 
Patents for Humanity Program to be transferable; to the Committee on 
the Judiciary.
  Mr. LEAHY. Mr. President, our intellectual property system in the 
United States is the envy of the world and the engine of economic 
growth. By granting inventors exclusive rights in their discoveries for 
a limited time, the patent system incentivizes research and development 
by independent inventors and large multinational companies. Consumers 
benefit from new technologies, and our economy benefits from continued 
investment.
  I am introducing legislation today that will encourage patent holders 
to apply their intellectual property to address global humanitarian 
needs. This has long been an interest of mine. In 2006, I introduced 
legislation that would have created a statutory license to manufacture 
and export life saving medicines to eligible, developing countries.
  Today's legislation, rather than creating a statutory license, 
improves on a program created by United States Patent and Trademark 
Office, PTO, earlier this year. The PTO's ``Patents for Humanity'' 
Program provides rewards to selected patent holders who apply their 
technology to a humanitarian issue that significantly affects the 
public health or quality of life of an impoverished population. Those 
who receive the award are given a certificate to accelerate certain PTO 
processes.

[[Page S7403]]

  Following a Judiciary Committee hearing in June, I asked Director 
Kappos whether the program would be more effective, and more attractive 
to patent owners, if the acceleration certificate were transferable to 
a third party. He responded that it would, particularly for small 
businesses. The Patents for Humanity Program Improvement Act of 2012 
simply makes these acceleration certificates transferable.
  Director Kappos described the Patents for Humanity Program as one 
that provides business incentives for humanitarian endeavors. All 
Senators should support both the approach and the objective.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3652

       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 Program 
     Improvement Act of 2012''.

     SEC. 2. TRANSFERABILITY OF ACCELERATION CERTIFICATES.

       (a) In General.--A holder of an acceleration certificate 
     issued pursuant to the Patents for Humanity Program 
     (established in the notice entitled ``Humanitarian Awards 
     Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 
     2012)), or any successor thereto, of the United States Patent 
     and Trademark Office, may transfer (including by sale) the 
     entitlement to such acceleration certificate to another 
     person.
       (b) Requirement.--An acceleration certificate transferred 
     under subsection (a) shall be subject to any other applicable 
     limitations under the notice entitled ``Humanitarian Awards 
     Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 
     2012), or any successor thereto.
                                 ______