[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5796 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
November 28, 2022.
Resolved, That the bill from the House of Representatives (H.R.
5796) entitled ``An Act 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.'', do pass with the following
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:
``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.''.
Attest:
Secretary.
117th CONGRESS
2d Session
H.R. 5796
_______________________________________________________________________
AMENDMENT