[Congressional Record Volume 159, Number 48 (Thursday, April 11, 2013)]
[Senate]
[Page S2592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Coons):
  S. 712. A bill to allow acceleration certificates awarded under the 
Patents for Humanity Program to be transferrable; to the Committee on 
the Judiciary.
  Mr. LEAHY. Mr. President, the American intellectual property system 
is rightly held as the global standard for promoting innovation and 
driving economic growth. This is particularly true of our patent 
system, which was recently updated and strengthened for the 21st 
century by the Leahy-Smith America Invents Act. The fundamental truth 
that our Founders recognized more than 200 years ago--that limited 
exclusive rights for inventors incentivize research and development--
continues to benefit consumers and the American economy at large.
  These limited rights can also be applied to incentivize research and 
discoveries that advance humanitarian needs. In my time in the Senate, 
I have worked to promote policies that encourage intellectual property 
holders to apply their work to address global humanitarian challenges. 
Today, I am pleased to join with Senator Coons in reintroducing the 
Patents for Humanity Program Improvement Act to again advance such 
policies.
  This legislation improves on a program created by the United States 
Patent and Trademark Office, PTO, last 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.
  This year, the innovations that received awards touched on critical 
areas that will help improve the quality of life for people throughout 
the world. Award winners worked to improve the treatment and diagnosis 
of devastating diseases, improve nutrition and the environment, and 
combat the spread of dangerous counterfeit drugs. These are innovations 
that will make a real difference in the lives of people in the 
developing world and elsewhere.
  Following a Judiciary Committee hearing last year, I asked PTO 
Director Kappos whether the Patents for Humanity program would be more 
effective, and more attractive to innovators, if the acceleration 
certificates awarded were transferable to a third party. He responded 
that it would, and that it would be particularly beneficial to small 
businesses. The Patents for Humanity Program Improvement Act makes 
these acceleration certificates transferrable. It is a straightforward, 
cost-neutral bill that will strengthen this useful program.
  When Congress can establish policies that provide business incentives 
for humanitarian endeavors, it should not hesitate to act. I urge the 
Senate to work swiftly to pass this legislation.
  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. 712

       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 2013''.

     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.
                                 ______