[Congressional Record Volume 168, Number 189 (Tuesday, December 6, 2022)]
[Senate]
[Pages S7006-S7007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNLEASHING AMERICAN INNOVATORS ACT OF 2022
Ms. HASSAN. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 571, S. 2773.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2773) to amend the Leahy-Smith America Invents
Act to address satellite offices of the United States Patent
and Trademark Office, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert the part
printed in italic as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unleashing American
Innovators Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(3) Patent pro bono programs.--The term ``patent pro bono
programs'' means the programs established pursuant to section
32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).
(4) Southeast region of the united states.--The term
``southeast region of the United States'' means the area of
the United States that is comprised of the States of
Virginia, North Carolina, South Carolina, Georgia, Florida,
Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.
SEC. 3. SATELLITE OFFICES.
(a) Amendments to Purpose and Required Considerations.--
Section 23 of the Leahy-Smith America Invents Act (35 U.S.C.
1 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``increase outreach activities to''; and
(ii) by inserting after ``Office'' the following: ``,
including by increasing outreach activities, including to
individual inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings''; and
(B) by striking paragraph (2) and inserting the following:
``(2) enhance patent examiner and administrative patent
judge retention, including patent examiners and
administrative patent judges from economically,
geographically, and demographically diverse backgrounds;'';
and
(2) in subsection (c)(1)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) with respect to each office established after January
1, 2023, shall consider the proximity of the office to anchor
institutions (such as hospitals primarily serving veterans
and institutions of higher education), individual inventors,
small businesses, veterans, low-income populations, students,
rural populations, and any geographic group of innovators
that the Director may determine to be underrepresented in
patent filings.''.
(b) Southeast Regional Office.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director shall establish a
satellite office of the Office in the southeast region of the
United States.
(2) Considerations.--When selecting a site for the office
required under paragraph (1), the Director shall consider the
following:
(A) The number of patent-intensive industries located near
the site.
(B) How many research-intensive institutions, including
institutions of higher education, are located near the site.
(C) The State and local government legal and business
frameworks that support intellectual property-intensive
industries located near the site.
(c) Study on Additional Satellite Offices.--Not later than
2 years after the date of enactment of this Act, the Director
shall complete a study to determine whether additional
satellite offices of the Office are necessary to--
(1) achieve the purposes described in section 23(b) of the
Leahy-Smith America Invents Act (35 U.S.C. 1 note), as
amended by this section; and
(2) increase participation in the patent system by
individual inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings.
SEC. 4. COMMUNITY OUTREACH OFFICES.
(a) Establishment.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 5 years after the date of enactment of this Act,
the Director shall establish not fewer than 4 community
outreach offices throughout the United States.
(2) Restriction.--No community outreach office established
under paragraph (1) may be located in the same State as--
(A) the principal office of the Office; or
(B) any satellite office of the Office.
(3) Requirement for northern new england region.--
(A) In general.--The Director shall establish not less than
1 community outreach office under this subsection in the
northern New England region, which shall serve the States of
Vermont, New Hampshire, and Maine.
(B) Considerations.--In determining the location for the
office required to be established under subparagraph (A), the
Director shall give preference to a location in which--
(i) as of the date of enactment of this Act--
(I) there is located not less than 1 public institution of
higher education and not less than 1 private institution of
higher education; and
(II) there are located not more than 15 registered patent
attorneys, according to data from the Office of Enrollment
and Discipline of the Office; and
(ii) according to data from the 2012 Survey of Business
Owners conducted by the Bureau of the Census, less than 45
percent of the firms (as that term is defined for the
purposes of that Survey) are owned by women, minorities, or
veterans.
(b) Purposes.--The purposes of the community outreach
offices established under subsection (a) are to--
(1) further achieve the purposes described in section
23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1
note), as amended by this Act;
(2) partner with local community organizations,
institutions of higher education, research institutions, and
businesses to create community-based programs that--
(A) provide education regarding the patent system; and
(B) promote the career benefits of innovation and
entrepreneurship; and
(3) educate prospective inventors, including individual
inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings, about all public and
private resources available to potential patent applicants,
including the patent pro bono programs.
SEC. 5. UPDATES TO THE PATENT PRO BONO PROGRAMS.
(a) Study and Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(A) complete a study of the patent pro bono programs; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(2) Scope of the study.--The study required under paragraph
(1)(A) shall--
(A) assess--
(i) whether the patent pro bono programs, as in effect on
the date on which the study is commenced, are sufficiently
serving prospective and existing participants;
(ii) whether the patent pro bono programs are sufficiently
funded to serve prospective participants;
(iii) whether any participation requirement of the patent
pro bono programs, including any requirement to demonstrate
knowledge of the patent system, serves as a deterrent for
prospective participants;
(iv) the degree to which prospective inventors are aware of
the patent pro bono programs;
(v) what factors, if any, deter attorneys from
participating in the patent pro bono programs;
(vi) whether the patent pro bono programs would be improved
by expanding those programs to include non-attorney
advocates; and
(vii) any other issue the Director determines appropriate;
and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
(b) Use of Results.--Upon completion of the study required
under subsection (a), the Director shall work with the Pro
Bono Advisory Council, the operators of the patent pro bono
programs, and intellectual property law associations across
the United States to update the patent pro bono programs in
response to the findings of the study.
(c) Expansion of Income Eligibility.--
(1) In general.--The Director shall work with and support,
including by providing financial support to, existing patent
pro bono programs and intellectual property law associations
across the United States to expand eligibility for the patent
pro bono programs to an individual living in a household, the
gross household income of which is not more than 400 percent
of the Federal poverty line.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to prevent a patent pro bono program from electing
to establish a higher eligibility level, as compared to the
level described in that paragraph.
[[Page S7007]]
SEC. 6. PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a pilot
program to assist first-time prospective patent applicants in
assessing the strengths and weaknesses of a potential patent
application submitted by such a prospective applicant.
(b) Considerations.--In developing the pilot program
required under subsection (a), the Director shall establish--
(1) a notification process to notify a prospective patent
applicant seeking an assessment described in that subsection
that any assessment so provided may not be considered an
official ruling of patentability from the Office;
(2) conditions to determine eligibility for the pilot
program, taking into consideration available resources;
(3) reasonable limitations on the amount of time to be
spent providing assistance to each individual first-time
prospective patent applicant;
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono
programs; and
(5) procedures to protect the confidentiality of the
information disclosed by prospective patent applicants.
SEC. 7. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
(a) Title 35.--Section 41(h) of title 35, United States
Code, is amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``60 percent''; and
(2) in paragraph (3), by striking ``75 percent'' and
inserting ``80 percent''.
(b) False Certifications.--Title 35, United States Code, is
amended--
(1) in section 41, by adding at the end the following:
``(j) Penalty for False Assertions.--In addition to any
other penalty available under law, an entity that is found to
have falsely asserted entitlement to a fee reduction under
this section shall be subject to a fine, to be determined by
the Director, the amount of which shall be not less than 3
times the amount that the entity failed to pay as a result of
the false assertion, whether the Director discovers the false
assertion before or after the date on which a patent has been
issued.''; and
(2) in section 123, by adding at the end the following:
``(f) Penalty for False Certifications.--In addition to any
other penalty available under law, an entity that is found to
have falsely made a certification under this section shall be
subject to a fine, to be determined by the Director, the
amount of which shall be not less than 3 times the amount
that the entity failed to pay as a result of the false
certification, whether the Director discovers the false
certification before or after the date on which a patent has
been issued.''.
(c) Leahy-Smith America Invents Act.--Section 10(b) of the
Leahy Smith America Invents Act (35 U.S.C. 41 note) is
amended--
(1) by striking ``50 percent'' and inserting ``60
percent''; and
(2) by striking ``75 percent'' and inserting ``80
percent''.
(d) Study on Fees.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director shall--
(A) complete a study of the fees charged by the Office; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(2) Scope of study.--The study required under paragraph
(1)(A) shall--
(A) assess whether--
(i) fees for small and micro entities are inhibiting the
filing of patent applications by those entities;
(ii) fees for examination should approximately match the
costs of examination and what incentives are created by using
maintenance fees to cover the costs of examination; and
(iii) the results of the assessments performed under
clauses (i) and (ii) counsel in favor of changes to the fee
structure of the Office, such as--
(I) raising standard application and examination fees;
(II) reducing standard maintenance fees; and
(III) reducing the fees for small and micro entities as a
percentage of standard application fees; and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
Ms. HASSAN. I ask unanimous consent that the committee-reported
substitute amendment 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 committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill (S. 2773), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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