[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2021
Mr. Leahy (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Leahy-Smith America Invents Act to address satellite
offices of the United States Patent and Trademark Office, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unleashing American Innovators Act
of 2021''.
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 innovators,
small businesses, veterans, and any other
demographic group or category of innovators
that the Director may determine, after notice
in the Federal Register, 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, 2021, shall consider the proximity of the
office to anchor institutions (such as hospitals
primarily serving veterans and institutions of higher
education) and populations that the Director may
determine to be underrepresented in patent filings,
including rural populations.''.
(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 establishing the office required
under paragraph (1), the Director shall consider the following:
(A) The number of patent-intensive industries
located near the selection site.
(B) How many research-intensive institutions,
including institutions of higher education, are located
near the selection site.
(C) The State and local government legal and
business frameworks that support intellectual property-
intensive industries located near the selection 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 women,
people of color, veterans, individual inventors, or members of
any other demographic, geographic, or economic group 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 2 community outreach
offices in each region of the United States that, as of that
date of enactment, is served by--
(A) a satellite office of the Office; or
(B) the principal office of the Office.
(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
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 veterans,
individual inventors, and individuals from demographic,
geographic, or economic groups 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.
(c) Subordinate to Satellite Offices.--The community outreach
offices established under this section shall be subordinate, and report
directly, to the principal office of the Office or the satellite office
of the Office that corresponds to the region in which that community
outreach office is located, as applicable.
SEC. 5. UPDATES TO THE PATENT PRO BONO PROGRAM.
(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 veterans,
individual inventors, and members of
demographic, geographic, and economic groups
that the Director may determine to be
underrepresented in patent filings;
(ii) whether the patent pro bono programs
are sufficiently funded to serve prospective
participants;
(iii) whether the participation
requirements of the patent pro bono programs,
including the requirement to demonstrate
knowledge of the patent system, serve as a
deterrent for prospective participants;
(iv) the degree to which prospective
inventors are aware of the patent pro bono
programs;
(v) the degree to which the length of
prosecution time for pro bono applicants serves
as a deterrent for attorneys to participate in
the patent pro bono programs; and
(vi) 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 Patent Pro Bono
Advisory Council, existing regional 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.--The Director shall work with
and support existing (as of the date of enactment of this Act) regional
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.
SEC. 6. PRE-PROSECUTION PATENTABILITY 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
viability 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; and
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono
programs.
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 ``75 percent or more, at the discretion of the
Director,''; and
(2) in paragraph (3), by striking ``75 percent'' and
inserting ``90 percent or more, at the discretion of the
Director,''.
(b) Leahy-Smith America Invents Act.--Section 10(b) of the Leahy
Smith America Invents Act (35 U.S.C. 41 note) is amended by striking
``75 percent'' and inserting ``90 percent or more, at the discretion of
the Director,''.
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