#aagth ,,congress #b;d ,session ,s4 #bggc ,,an ,,act ,to amend the ,leahy-,smith ,america ,invents ,act to address satellite offices of the ,united ,states ,patent and ,trademark ,office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unleashing ,american ,innovators ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,office4 7#b7 ,office ,the term ,office means the ,united ,states ,patent and ,trademark ,office4 7#c7 ,patent pro bono programs ,the term patent pro bono programs means the programs established pursuant to section #cb of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #b note74 7#d7 ,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 ,virginia1 ,north ,carolina1 ,south ,carolina1 ,georgia1 ,florida1 ,tennessee1 ,alabama1 ,mississippi1 ,louisiana1 and ,arkansas4 #c4 ,satellite offices 7a7 ,amendments to purpose and required considerations ,section #bc of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #a note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking increase outreach activities to2 and 7ii7 by inserting after ,office the following3 1 including by increasing outreach activities1 including to individual inventors1 small businesses1 veterans1 low-income populations1 students1 rural populations1 and any geographic group of innovators that the ,director may determine to be underrepresented in patent filings2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 enhance patent examiner and administrative patent judge retention1 including patent examiners and administrative patent judges from economically1 geographically1 and demographically diverse backgrounds2 2 and 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,d71 by striking and at the end2 7,b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 with respect to each office established after ,january #a1 #bjbc1 shall consider the proximity of the office to anchor institutions 7such as hospitals primarily serving veterans and institutions of higher education71 individual inventors1 small businesses1 veterans1 low-income populations1 students1 rural populations1 and any geographic group of innovators that the ,director may determine to be underrepresented in patent filings4 4 7b7 ,southeast regional office 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,director shall establish a satellite office of the ,office in the southeast region of the ,united ,states4 7#b7 ,considerations ,when selecting a site for the office required under paragraph 7#a71 the ,director shall consider the following3 7,a7 ,the number of patent-intensive industries located near the site4 7,b7 ,how many research-intensive institutions1 including institutions of higher education1 are located near the site4 7,c7 ,the ,state and local government legal and business frameworks that support intellectual property-intensive industries located near the site4 7c7 ,study on additional satellite offices ,not later than #b years after the date of enactment of this ,act1 the ,director shall complete a study to determine whether additional satellite offices of the ,office are necessary to-- 7#a7 achieve the purposes described in section #bc7;b7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #a note71 as amended by this section2 and 7#b7 increase participation in the patent system by individual inventors1 small businesses1 veterans1 low-income populations1 students1 rural populations1 and any geographic group of innovators that the ,director may determine to be underrepresented in patent filings4 #d4 ,community ,outreach ,offices 7a7 ,establishment 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 not later than #e years after the date of enactment of this ,act1 the ,director shall establish not fewer than #d community outreach offices throughout the ,united ,states4 7#b7 ,restriction ,no community outreach office established under paragraph 7#a7 may be located in the same ,state as-- 7,a7 the principal office of the ,office2 or 7,b7 any satellite office of the ,office4 7#c7 ,requirement for ,northern ,new ,england region 7,a7 ,in general ,the ,director shall establish not less than #a community outreach office under this subsection in the northern ,new ,england region1 which shall serve the ,states of ,vermont1 ,new ,hampshire1 and ,maine4 7,b7 ,considerations ,in determining the location for the office required to be established under subparagraph 7,a71 the ,director shall give preference to a location in which-- 7i7 as of the date of enactment of this ,act-- 7,i7 there is located not less than #a public institution of higher education and not less than #a private institution of higher education2 and 7,,ii7 there are located not more than #ae registered patent attorneys1 according to data from the ,office of ,enrollment and ,discipline of the ,office2 and 7ii7 according to data from the #bjab ,survey of ,business ,owners conducted by the ,bureau of the ,census1 less than #de percent of the firms 7as that term is defined for the purposes of that ,survey7 are owned by women1 minorities1 or veterans4 7b7 ,purposes ,the purposes of the community outreach offices established under subsection 7a7 are to-- 7#a7 further achieve the purposes described in section #bc7;b77#a7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #a note71 as amended by this ,act2 7#b7 partner with local community organizations1 institutions of higher education1 research institutions1 and businesses to create community-based programs that-- 7,a7 provide education regarding the patent system2 and 7,b7 promote the career benefits of innovation and entrepreneurship2 and 7#c7 educate prospective inventors1 including individual inventors1 small businesses1 veterans1 low-income populations1 students1 rural populations1 and any geographic group of innovators that the ,director may determine to be underrepresented in patent filings1 about all public and private resources available to potential patent applicants1 including the patent pro bono programs4 #e4 ,updates to the patent pro bono programs 7a7 ,study and updates 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director shall-- 7,a7 complete a study of the patent pro bono programs2 and 7,b7 submit the results of the study required under subparagraph 7,a7 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,scope of the study ,the study required under paragraph 7#a77;,a7 shall-- 7,a7 assess-- 7i7 whether the patent pro bono programs1 as in effect on the date on which the study is commenced1 are sufficiently serving prospective and existing participants2 7ii7 whether the patent pro bono programs are sufficiently funded to serve prospective participants2 7iii7 whether any participation requirement of the patent pro bono programs1 including any requirement to demonstrate knowledge of the patent system1 serves as a deterrent for prospective participants2 7iv7 the degree to which prospective inventors are aware of the patent pro bono programs2 7v7 what factors1 if any1 deter attorneys from participating in the patent pro bono programs2 7vi7 whether the patent pro bono programs would be improved by expanding those programs to include non-attorney advocates2 and 7vii7 any other issue the ,director determines appropriate2 and 7,b7 make recommendations for such administrative and legislative action as may be appropriate4 7b7 ,use of results ,upon completion of the study required under subsection 7a71 the ,director shall work with the ,pro ,bono ,advisory ,council1 the operators of the patent pro bono programs1 and intellectual property law associations across the ,united ,states to update the patent pro bono programs in response to the findings of the study4 7c7 ,expansion of income eligibility 7#a7 ,in general ,the ,director shall work with and support1 including by providing financial support to1 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 household1 the gross household income of which is not more than #djj percent of the ,federal poverty line4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 may be construed to prevent a patent pro bono program from electing to establish a higher eligibility level1 as compared to the level described in that paragraph4 #f4 ,pre-prosecution assessment pilot program 7a7 ,pilot program ,not later than #a year after the date of enactment of this ,act1 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 applicant4 7b7 ,considerations ,in developing the pilot program required under subsection 7a71 the ,director shall establish-- 7#a7 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 ,office2 7#b7 conditions to determine eligibility for the pilot program1 taking into consideration available resources2 7#c7 reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant2 7#d7 procedures for referring prospective patent applicants to legal counsel1 including through the patent pro bono programs2 and 7#e7 procedures to protect the confidentiality of the information disclosed by prospective patent applicants4 #g4 ,fee reduction for small and micro entities 7a7 ,title #ce ,section #da7;h7 of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #ej percent and inserting #fj percent2 and 7#b7 in paragraph 7#c71 by striking #ge percent and inserting #hj percent4 7b7 ,false certifications ,title #ce1 ,united ,states ,code1 is amended-- 7#a7 in section #da1 by adding at the end the following3 7j7 ,penalty for false assertions ,in addition to any other penalty available under law1 an entity that is found to have falsely asserted entitlement to a fee reduction under this section shall be subject to a fine1 to be determined by the ,director1 the amount of which shall be not less than #c times the amount that the entity failed to pay as a result of the false assertion1 whether the ,director discovers the false assertion before or after the date on which a patent has been issued4 2 and 7#b7 in section #abc1 by adding at the end the following3 7f7 ,penalty for false certifications ,in addition to any other penalty available under law1 an entity that is found to have falsely made a certification under this section shall be subject to a fine1 to be determined by the ,director1 the amount of which shall be not less than #c times the amount that the entity failed to pay as a result of the false certification1 whether the ,director discovers the false certification before or after the date on which a patent has been issued4 4 7c7 ,leahy-,smith ,america ,invents ,act ,section #aj7;b7 of the ,leahy ,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #da note7 is amended-- 7#a7 by striking #ej percent and inserting #fj percent2 and 7#b7 by striking #ge percent and inserting #hj percent4 7d7 ,study on fees 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,director shall-- 7,a7 complete a study of the fees charged by the ,office2 and 7,b7 submit the results of the study required under subparagraph 7,a7 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,scope of study ,the study required under paragraph 7#a77;,a7 shall-- 7,a7 assess whether-- 7i7 fees for small and micro entities are inhibiting the filing of patent applications by those entities2 7ii7 fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination2 and 7iii7 the results of the assessments performed under clauses 7i7 and 7ii7 counsel in favor of changes to the fee structure of the ,office1 such as-- 7,i7 raising standard application and examination fees2 7,,ii7 reducing standard maintenance fees2 and 7,,iii7 reducing the fees for small and micro entities as a percentage of standard application fees2 and 7,b7 make recommendations for such administrative and legislative action as may be appropriate4 ,passed the ,senate ,december #f1 #bjbb4,secretary