H.R. 5796 — Reported in House

IB Union Calendar No. 223 117th CONGRESS 2d Session H. R. 5796 [Report No. 117–302] IN THE HOUSE OF REPRESENTATIVES November 1, 2021Mr. Jeffries (for himself and Mrs. Spartz) introduced the following bill; which was referred to the Committee on the Judiciary April 27, 2022Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on November 1, 2021 A BILL 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. 1. Short title This Act may be cited as the Patents for Humanity Act of 2021. 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: 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. . April 27, 2022Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed