[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.

                          ____________________