[Congressional Record Volume 168, Number 182 (Monday, November 28, 2022)]
[Senate]
[Pages S6828-S6829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PATENTS FOR HUMANITY ACT OF 2021

  Mr. VAN HOLLEN. Madam President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
H.R. 5796 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. VAN HOLLEN. I ask unanimous consent that the Leahy substitute 
amendment at the desk be agreed to; the bill, as amended, be considered 
read a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 6502), in the nature of a substitute, was agreed 
to as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Patents for Humanity Act of 
     2022''.

     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) Definition.--In this section, the term `eligible 
     entity' means an entity that--
       ``(1) submits an application under subsection (d) for a 
     patent that addresses a humanitarian issue; and
       ``(2) meets the requirements specified by the Director.
       ``(b) 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 1 
     appeal to the Patent Trial and Appeal Board from that 
     proceeding.
       ``(2) An application for a patent, including 1 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 that generated the 
     appeal.
       ``(4) A matter identified by the Director.
       ``(c) Administration.--The Director shall administer the 
     competition established under subsection (b).
       ``(d) Application.--An entity seeking an award under 
     subsection (b) shall submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require.
       ``(e) Promotion of Competition.--The Director shall promote 
     the competition established under subsection (b) through the 
     satellite offices established pursuant to section 1.
       ``(f) Treatment as Successor.--The competition established 
     under subsection (b) 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)).''.
       (b) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, may be construed as 
     affecting any action taken by the Under Secretary of Commerce 
     for Intellectual Property and Director of the United States 
     Patent and Trademark Office before the date of enactment of 
     this Act with respect to the administration of the Patents 
     for Humanity Program established in the notice entitled 
     ``Humanitarian Awards Pilot Program'', published at 77 Fed. 
     Reg. 6544 (February 8, 2012).
       (c) Technical and Conforming Amendment.--The table of 
     sections for 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 amendment was ordered to be engrossed and the bill to be read a 
third time.

[[Page S6829]]

  The bill was read the third time.
  The bill (H.R. 5796), as amended, was passed.

                          ____________________