[Congressional Record Volume 161, Number 78 (Wednesday, May 20, 2015)]
[Senate]
[Pages S3187-S3188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Grassley):
  S. 1402. 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, 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. 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.

[[Page S3188]]

  A healthy patent system should do more than drive economic 
development; it should incentivize research and discoveries that 
advance humanitarian needs. I have worked to promote policies that 
encourage intellectual property holders to apply their work to address 
global humanitarian challenges. Today, I continue that effort by 
joining with Senator Grassley to introduce the bipartisan Patents for 
Humanity Program Improvement Act.
  This bipartisan legislation strengthens a program created by the 
United States Patent and Trademark Office, PTO, in 2012. The PTO's 
Patents for Humanity Program provides rewards to selected patent 
holders who use their invention to address 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, as described in the 
program rules.
  The innovations that have been recognized by this program help 
underserved people throughout the world. Award winners have 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 who are not always the beneficiaries 
of cutting-edge technology.
  Following a Judiciary Committee hearing in 2012, I asked then-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 that win the award. Since that time, other small start-ups 
and global health groups have emphasized that making the certificates 
transferable would improve their usability and increase the incentives 
of the Patents for Humanity Award. The Patents for Humanity Program 
Improvement Act makes this enhancement to the program. It is a 
straightforward, cost-neutral bill that will strengthen this award and 
encourage innovations to be used for humanitarian goods.
  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.

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