[Congressional Record Volume 168, Number 69 (Wednesday, April 27, 2022)]
[House]
[Pages H4520-H4521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PATENTS FOR HUMANITY ACT OF 2021
Mr. JEFFRIES. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5796) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5796
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 2021''.
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) 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 one
appeal to the Patent Trial and Appeal Board from that
proceeding.
``(2) An application for a patent, including one 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 which generated
the appeal.
``(4) A matter identified under subsection (d)(4).
``(b) Administration.--The Director shall administer the
competition established by subsection (a).
``(c) Application.--An eligible entity seeking an award
under subsection (a) shall submit to the Director an
application, at such time, in such manner, and containing
such information as the Director may require.
``(d) Rulemaking Authority.--With respect to the
competition established by subsection (a), the Director shall
conduct a rulemaking proceeding to promulgate rules on the--
``(1) entities eligible to receive an award;
``(2) process and metrics by which applications are
judged, including the criteria for selecting judges for the
competition;
``(3) factors that will be considered in selecting the
eligible entities that receive an award; and
``(4) additional matters for which a certificate
described under subsection (a) may be awarded.
``(e) Promotion of Competition.--The Director shall
promote the competition through the satellite offices
established pursuant to section 1.
``(f) Treatment as Successor.--The competition
established under subsection (a) 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)).
``(g) Eligible Entity Defined.--In this section, the term
`eligible entity' means a entity that--
``(1) submits an application under subsection (c) for a
patent that addresses a humanitarian issue; and
``(2) is eligible to receive an award under subsection
(d)(1).''.
(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 by 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 (d) of such section.
(c) Technical and Conforming Amendment.--The table of
sections at the beginning of 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Jeffries) and the gentleman from California (Mr. Issa) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. JEFFRIES. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 5796.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
{time} 1215
Mr. JEFFRIES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5796, a bipartisan bill which
codifies a competition at the U.S. Patent and Trademark Office called
Patents for Humanity.
The Patents for Humanity program highlights the ways that innovation
and intellectual property help solve global humanitarian challenges.
I am proud to sponsor this bipartisan legislation, alongside
Representative Spartz, to ensure that special recognition permanently
extends to inventors who turn their genius toward helping the world's
most needy and vulnerable.
The Founders of our country understood that society would benefit if
we incentivized creativity and innovation. That is why Article I,
Section 8, Clause 8 of the United States Constitution gives Congress
the power to create a robust intellectual property system to promote
the progress of science and useful arts.
As Members of Congress, we have often worked together in a bipartisan
fashion to carry out this constitutional mandate, as we are doing
today.
The Patents for Humanity Act simply codifies an already existing
annual competition run by the U.S. Patent and Trademark Office that
incentivizes the use of patented technologies for humanitarian
purposes. It is run without cost to the taxpayer, as USPTO is a fee-
based entity.
The award for the Patents for Humanity competition is a certificate
to accelerate select matters before USPTO and public recognition during
a ceremony held by that Office.
Winners are selected by a panel of judges who look for inventions
that address either humanitarian needs among an impoverished population
or that further research by others with respect to humanitarian
technologies. Applications are considered in categories including:
medicine, nutrition, sanitation, household energy, and living
standards. The 2022 competition also included a category for COVID-19-
related inventions.
Since its implementation as a pilot program 10 years ago, winners
have included not-for-profit organizations, startups, universities,
corporations, as well as individual inventors throughout the country.
Winning submissions have included an all-terrain wheelchair;
improvements to water purification systems and clean water storage;
rechargeable lanterns for those
[[Page H4521]]
without access to reliable energy sources; a portable, low-water kidney
dialysis machine; and an affordable and highly adjustable prosthetic
limb system. These and many other innovations have improved the quality
of life of millions of individuals.
By codifying H.R. 5796, we strengthen and recognize the importance of
this program while providing the USPTO the flexibility to continue to
improve its implementation.
In December, this bill passed the House Committee on the Judiciary
unanimously, building upon the work of Representative McBath, who
successfully led a bipartisan effort to pass the Patents for Humanity
Program Improvement Act into law last Congress, which allows award
certificates to be transferable.
Today, we go a step further by ensuring this program is a permanent
feature of our innovation system and economy.
Once again, I thank Representative Victoria Spartz for her
partnership on this legislation, as well as her leadership as it
relates to the terrible situation in Ukraine. I also thank my
colleague, Representative Issa, for his leadership as well.
The Patents for Humanity program shows how American innovation and
creativity can continue to change the world.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation and vote ``yes'' on H.R. 5796, and I reserve the balance of
my time.
Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I join with my colleagues in what I believe will be
unanimous support for the continued promotion of works useful to
humanity. This pilot program, after 10 years, has proven to be not only
a good one but one that continues to be necessary.
In 1790, when President Washington evaluated and signed the first
patent, he did so in a matter of a few weeks from submission. It was an
expectation that a timely patent was, in fact, critical. That first
patent improved the production of potash, often used in fertilizer.
The fact is, over the years, our ability to quickly evaluate patents
has, in fact, not continued to keep pace. So, when you have something
like these humanitarian offerings, the fact that we are able to, at
least in these cases and for known inventors, reward them with an
accelerated consideration as part of their continued work, I think that
is the kind of an award that means a great deal when it is the
advancement of items of humanitarian interest and need.
My colleague from New York did a wonderful job of talking about some
of those inventions. We could go on for hours about what inventive
genius has come from this and other incentives.
Mr. Speaker, I urge my colleagues to vote for this renewal and,
lastly, to recognize that the one area that America leads in is
innovation. This body has a continued obligation to do everything it
can to promote that innovation, including the modernization and the
improvement of the Patent and Trademark Office.
Mr. Speaker, I yield back the balance of my time.
Mr. JEFFRIES. Mr. Speaker, I thank the distinguished gentleman from
California for his continued leadership in this area.
Once again, Congress is coming together in a bipartisan way to uplift
American innovation and innovators, and I urge all of my colleagues to
support this important piece of legislation. I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Jeffries) that the House suspend the rules
and pass the bill, H.R. 5796, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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