[Congressional Record Volume 168, Number 188 (Monday, December 5, 2022)]
[House]
[Pages H8752-H8754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PATENTS FOR HUMANITY ACT OF 2022

  Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and concur 
in the Senate amendment to 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.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:
  Senate amendment:

        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:

[[Page H8753]]

  


     ``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 SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson Lee) and the gentleman from Ohio (Mr. Jordan) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the Senate amendment to H.R. 5796.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of the Senate amendment to H.R. 5796 
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 applaud Representatives 
Jeffries and Spartz for spearheading this bill in order to ensure that 
special recognition permanently extends to inventors who turn their 
genius toward allaying or helping the world's most needy and 
vulnerable.
  The Senate amendment does away with the need for extra rulemaking 
before the competition can continue its operation, and, as such, is a 
welcome addition to help streamline the bill.
  The operative provisions of the bill will make permanent the Patents 
for Humanity awards program which encourages the development and use of 
inventions that address humanitarian needs in the fields of medicine, 
nutrition, sanitation, household energy, and living standards for 
impoverished people. Winning inventors are recognized in a public 
awards ceremony and receive a certificate that can be used to 
accelerate certain examination proceedings at the USPTO.
  Since 2012, the USPTO has recognized numerous award recipients across 
a wide range of technologies. The recipients have invented 
groundbreaking technologies that greatly improve the standard of living 
for so many people in need in the United States and around the world.
  The bill also builds on the work of Representative McBath who 
successfully led a bipartisan effort to pass legislation in the last 
Congress strengthening the program. That law allowed the awards 
certificate to be transferrable if the award recipient would prefer to 
seek its free-market value rather than accelerate a different patent 
application.
  Today, we are going a step further by ensuring that this program is a 
permanent feature of our innovation ecosystem.
  In Congress, we strive to make sure that our intellectual property 
laws incentivize innovation to the greatest extent possible, but this 
category of humanitarian inventions will always deserve special 
recognition. H.R. 5796, as amended in the Senate, will make sure that 
it will.
  Mr. Speaker, I urge my colleagues to support it, and I reserve the 
balance of my time.
  Mr. JORDAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the U.S. Patent and Trademark Office established the 
Patents for Humanity program as a pilot program in 2012 to recognize 
noteworthy inventions that address humanitarian problems.
  The program has honored inventions relating to water purification, 
infectious diseases, crop yields, and infant mortality, among others. 
Winners are awarded certificates that grant acceleration of certain 
matters before the USPTO, such as examination of a future patent 
application.
  The Patents for Humanity program provides an incentive to encourage 
innovation in areas important to addressing humanitarian needs of today 
and the future. It does this without costing taxpayers a penny and 
without the need to raise user fees at the PTO. This is a very 
important distinction.
  This bill would also allow this successful pilot program to continue 
as a congressionally approved program. The Senate version of this bill 
on the floor today is almost identical to the version the House passed 
this past spring with just a few minor changes.
  Mr. Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, H.R. 5796 is a straightforward but 
important bill that will encourage additional innovations that address 
humanitarian needs both in the U.S. and abroad.
  Mr. Speaker, I urge my colleagues to support the bill.
  Mr. Speaker, I rise in support of the Senate amendment to H.R. 5796, 
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 applaud Representatives Jeffries and Spartz for spearheading this 
bill in order to ensure that special recognition permanently extends to 
inventors who turn their genius towards helping the world's most needy 
and vulnerable.
  The Senate amendment does away with the need for extra rulemaking 
before the competition can continue its operation, and as such, is a 
welcome addition to help streamline this bill. The operative provisions 
of the bill will make permanent the Patents for Humanity awards 
program, which encourages the development and use of inventions that 
address humanitarian needs in the fields of medicine, nutrition, 
sanitation, household energy, and living standards for impoverished 
people. Winning inventors are recognized in a public awards ceremony 
and receive a certificate that can be used to accelerate certain 
examination proceedings at the USPTO.
  Since 2012, the USPTO has recognized numerous award recipients across 
a wide range of technologies. The recipients have invented ground-
breaking technologies that greatly improve the standard of living for 
so many people in need in the United States and around the world.
  This bill also builds on the work of Representative McBath, who 
successfully led a bipartisan effort to pass legislation in the last 
Congress strengthening the program. That law allowed the awards 
certificate to be transferable if the award recipient would prefer to 
seek its free market value rather than accelerate a different patent 
application.
  Today, we are going a step further by ensuring that this program is a 
permanent feature of our innovation ecosystem.
  In Congress, we strive to make sure that our intellectual property 
laws incentivize innovation to the greatest extent possible, but this

[[Page H8754]]

category of humanitarian inventions will always deserve special 
recognition. H.R. 5796, as amended in the Senate, makes sure that it 
will, and I urge my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 5796.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MOORE of Alabama. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________