,,ii #aagth ,,congress #b;d ,session ,s4 #dgjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjbb,mr4 ,tillis 7for himself and ,mr4 ,leahy7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require the ,comptroller ,general of the ,united ,states to submit a report regarding ways to improve the patent examination process at the ,united ,states ,patent and ,trademark ,office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,patent ,examination and ,quality ,improvement ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,advanced data science analytics ,the term advanced data science analytics means techniques1 such as artificial intelligence1 machine learning1 and other methods of analyzing large data sets1 that may be used to make or implement policy recommendations4 7#b7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,office4 7#c7 ,office ,the term ,office means the ,united ,states ,patent and ,trademark ,office4 #c4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,patents and other forms of intellectual property are important engines of innovation1 invention1 and economic growth4 7#b7 ,all people of the ,united ,states depend on clear patent rights to-- 7,a7 secure protection of their own innovations2 and 7,b7 enable them to avoid appropriating innovations that others have patented4 7#c7 ,recent studies-- 7,a7 indicate that many patents that the ,office has issued do not satisfy the patentability requirements of title #ce1 ,united ,states ,code2 and 7,b7 have shown that-- 7i7 the ,office has limited resources2 and 7ii7 the resource limitation described in clause 7i7 negatively affects the ability of the ,office to conduct thorough and complete patent examinations4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,congress must do more to enable the ,office to improve-- 7#a7 the quality of patents issued by the ,office2 and 7#b7 the patent examination process at the ,office4 #d4 ,,gao report on patent examination improvement ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report-- 7#a7 regarding how to improve the patent examination process at1 and the overall quality of patents issued by1 the ,office2 7#b7 that shall-- 7,a7 place a particular emphasis on improving the process described in paragraph 7#a7-- 7i7 with respect to the application of the conditions and requirements of sections #aja1 #ajb1 #ajc1 and #aab of title #ce1 ,united ,states ,code1 including avoiding repetitive and unduly multiplied claims2 and 7ii7 by more clearly defining what constitutes a clear and thorough search by a patent examiner throughout the entire patent examination process at the ,office2 7,b7 in part1 rigorously evaluate previous and current 7as of the date on which the report is submitted7 initiatives and pilot programs of the ,office relating to the quality of patents issued by the ,office1 which shall include analysis of-- 7i7 the reasons those pilot programs-- 7,i7 were successful2 7,,ii7 would have been successful with modifications2 or 7,,iii7 had irremediable flaws2 and 7ii7 ways to use those pilot programs to beneficial effect in the future2 7,c7 evaluate whether the ,office needs to-- 7i7 establish-- 7,i7 clear standards regarding what constitutes patent quality2 and 7,,ii7 patent quality metrics that-- 7aa7 the ,office can support2 and 7bb7 patent applicants and the public can verify2 7ii7 provide additional time for patent examiners to examine patents2 7iii7 align non-compliance and clear errors with respect to the review of the work product of patent examiners2 7iv7 record examiner interviews and place those interviews in the record1 either through audio files or automated transcriptions2 7v7 assign patent applications to examiners who are most qualified to examine those applications based on-- 7,i7 the technical background of the examiners2 and 7,,ii7 the number of applications that a particular examiner has already reviewed in a similar technical area2 and 7vi7 establish a group that-- 7,i7 analyzes real-world circumstances1 such as practices at other agencies and in the broader scientific community2 and 7,,ii7 uses information collected under subclause 7,i7 to perform targeted reviews of certain patent applications1 such as patent applications from applicants who have had scientific papers retracted2 and 7,d7 study evidence of fraud in the patent application process1 which shall include suggestions to address any such fraud1 such as a task force that is similar to the task force of the ,office investigating suspicious activities with respect to trademark applications2 and 7#c7 that contains recommendations regarding ways to improve the training of patent examiners at the ,office1 with a particular emphasis on improving that training with respect to-- 7,a7 the application of the conditions and requirements of sections #aja1 #ajb1 #ajc1 and #aab of title #ce1 ,united ,states ,code1 including avoiding repetitive and unduly multiplied claims2 7,b7 searches performed throughout the patent examination process to ensure that the ,office issues fewer unclear and invalid patent claims2 and 7,c7 examination fields affected by emerging and complex technologies1 including advanced data science analytics1 to ensure that examiners are fully equipped to understand the applications of those technologies4 #e4 ,,uspto guidance on patent examination improvement ,not later than #a year after the date on which the ,comptroller ,general of the ,united ,states submits the report required under section #d 7referred to in this section as the covered report71 the ,director shall develop guidance for patent examiners at the ,office-- 7#a7 regarding how to improve the patent examination process at1 and the overall quality of patents issued by1 the ,office2 and 7#b7 that shall-- 7,a7 place a particular emphasis on improving the process described in paragraph 7#a7-- 7i7 with respect to the application of the conditions and requirements of sections #aja1 #ajb1 #ajc1 and #aab of title #ce1 ,united ,states ,code1 including avoiding repetitive and unduly multiplied claims2 and 7ii7 by more clearly defining what constitutes a clear and thorough search by a patent examiner throughout the entire patent examination process at the ,office2 and 7,b7 take into consideration the findings and recommendations in the covered report4 #f4 ,report ,not later than #b years after the date of enactment of this ,act1 the ,director1 after soliciting public comment1 shall submit to ,congress a report that includes-- 7#a7 an explanation of how the ,office will improve the technical training of patent examiners at the ,office with respect to emerging areas of technology2 7#b7 the status of the capabilities of the information technology systems of the ,office with respect to-- 7,a7 the examination of patents and trademarks2 7,b7 proceedings conducted before-- 7i7 the ,patent ,trial and ,appeal ,board of the ,office2 and 7ii7 the ,trademark ,trial and ,appeal ,board of the ,office2 and 7,c7 the recordation of patent assignments2 7#c7 a #e-year plan for further modernization of the information technology systems described in paragraph 7#b72 and 7#d7 an accounting of the use by the ,office of advanced data science analytics1 including from commercially available sources1 to improve the patent examination process where appropriate1 including-- 7,a7 a description of how the ,office uses advanced data science analytics with respect to the examination of patents to-- 7i7 ensure that patent claims have adequate support in the specifications with respect to those claims2 7ii7 improve clarity1 quality1 and consistency2 7iii7 detect common sources of error2 7iv7 improve productivity2 and 7v7 ensure assignment of patent applications to the examiner best qualified to examine that application2 7,b7 a #e-year plan for further development of advanced data science analytics for the uses described in subparagraph 7,a72 and 7,c7 a description of how the findings made as a result of the uses of advanced data science analytics under subparagraph 7,a7 shall be made available to the public on a regular basis4