[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1396 Reported in Senate (RS)]
<DOC>
Calendar No. 169
118th CONGRESS
1st Session
S. 1396
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Coons (for himself, Mr. Rubio, and Ms. Cantwell) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
July 25, 2023
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Research Advancing to
Market Production for Innovators Act''.</DELETED>
<DELETED>SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.</DELETED>
<DELETED> (a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--</DELETED>
<DELETED> (1) in subsection (g)--</DELETED>
<DELETED> (A) in paragraph (4)(B)(i), by striking
``1 year'' and inserting ``180 days'';</DELETED>
<DELETED> (B) in paragraph (16), by striking ``and''
at the end;</DELETED>
<DELETED> (C) in paragraph (17), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(18) with respect to peer review carried out
under the SBIR program, to the extent practicable, include in
the peer review--</DELETED>
<DELETED> ``(A) the likelihood of commercialization
in addition to scientific and technical merit and
feasibility; and</DELETED>
<DELETED> ``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';</DELETED>
<DELETED> (2) in subsection (o)--</DELETED>
<DELETED> (A) in paragraph (4)(B)(i), by striking
``1 year'' and inserting ``180 days'';</DELETED>
<DELETED> (B) in paragraph (20), by striking ``and''
at the end;</DELETED>
<DELETED> (C) in paragraph (21), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(22) with respect to peer review carried out
under the STTR program, to the extent practicable, include in
the peer review--</DELETED>
<DELETED> ``(A) the likelhood of commercialization
in addition to scientific and technical merit and
feasibility; and</DELETED>
<DELETED> ``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';</DELETED>
<DELETED> (3) in subsection (cc)--</DELETED>
<DELETED> (A) by striking ``During fiscal years 2012
through 2025, the National Institutes of Health, the
Department of Defense, and the Department of
Education'' and inserting the following:</DELETED>
<DELETED> ``(1) In general.--During fiscal years 2024
through 2029, each Federal agency with an SBIR or STTR
program''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Limitation.--The total value of awards
provided by a Federal agency under this subsection in a fiscal
year shall be--</DELETED>
<DELETED> ``(A) except as provided in subparagraph
(B), not more than 10 percent of the total funds
allocated to the SBIR and STTR programs of the Federal
agency during that fiscal year; and</DELETED>
<DELETED> ``(B) with respect to the National
Institutes of Health, not more than 15 percent of the
total funds allocated to the SBIR and STTR programs of
the National Institutes of Health during that fiscal
year.</DELETED>
<DELETED> ``(3) Extension.--During fiscal years 2028 and
2029, each Federal agency with an SBIR or STTR program may
continue phase flexibility as described in this subsection only
if the reports required under subsection (tt)(1) have been
submitted to the appropriate committees.'';</DELETED>
<DELETED> (4) in subsection (hh)(2)(A)(i), by inserting
``application process and requirements'' after ``simplified and
standardized''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(yy) Technology Commercialization Official.--Each
Federal agency participating in the SBIR or STTR program shall
designate a Technology Commercialization Official in the Federal
agency, who shall--</DELETED>
<DELETED> ``(1) have sufficient commercialization
experience;</DELETED>
<DELETED> ``(2) provide assistance to SBIR and STTR program
awardees in commercializing and transitioning
technologies;</DELETED>
<DELETED> ``(3) identify SBIR and STTR program technologies
with sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;</DELETED>
<DELETED> ``(4) coordinate with the Technology
Commercialization Officials of other Federal agencies to
identify additional markets and commercialization pathways for
promising SBIR and STTR program technologies;</DELETED>
<DELETED> ``(5) submit to the Administration an annual
report on the number of technologies from the SBIR or STTR
program that have advanced commercialization activities,
including information required in the commercialization impact
assessment under subsection (aaa);</DELETED>
<DELETED> ``(6) submit to the Administration an annual
report on actions taken by the Federal agency, and the results
of those actions, to simplify, standardize, and expedite the
application process and requirements, procedures, and contracts
as required under subsection (hh) and described in subsection
(aaa)(1)(E); and</DELETED>
<DELETED> ``(7) carry out such other duties as the Federal
agency determines necessary.''.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives summarizing the metrics relating to and an
evaluation of the authority provided under section 9(cc) of the Small
Business Act, as amended by subsection (a), which shall include the
size and location of the small business concerns receiving awards under
the SBIR or STTR program.</DELETED>
<DELETED>SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE;
COMMERCIALIZATION IMPACT ASSESSMENT; PATENT
ASSISTANCE.</DELETED>
<DELETED> Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by section 2, is amended--</DELETED>
<DELETED> (1) in subsection (q)--</DELETED>
<DELETED> (A) in paragraph (1), in the matter
preceding subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``may enter into
an agreement with 1 or more vendors selected
under paragraph (2)(A)'' and inserting ``shall
authorize recipients of awards under the SBIR
or STTR program to select, if desired,
commercialization activities provided under
subparagraph (A), (B), or (C) of paragraph
(2)''; and</DELETED>
<DELETED> (ii) by inserting ``,
cybersecurity assistance'' after ``intellectual
property protections'';</DELETED>
<DELETED> (B) in paragraph (2), by adding at the end
the following:</DELETED>
<DELETED> ``(C) Staff.--A small business concern
may, by contract or otherwise, use funding provided
under this section to hire new staff, augment staff, or
direct staff to conduct or participate in training
activities consistent with the goals listed in
paragraph (1).'';</DELETED>
<DELETED> (C) in paragraph (3), by striking
subparagraphs (A) and (B) and inserting the
following:</DELETED>
<DELETED> ``(A) Phase i.--A Federal agency described
in paragraph (1) shall authorize a recipient of a Phase
I SBIR or STTR award to utilize not more than $6,500
per project, included as part of the award of the
recipient or in addition to the amount of the award of
the recipient as determined appropriate by the head of
the Federal agency, for the services described in
paragraph (1)--</DELETED>
<DELETED> ``(i) provided through a vendor
selected under paragraph (2)(A);</DELETED>
<DELETED> ``(ii) provided through a vendor
other than a vendor selected under paragraph
(2)(A);</DELETED>
<DELETED> ``(iii) achieved through the
activities described in paragraph (2)(C);
or</DELETED>
<DELETED> ``(iv) provided or achieved
through any combination of clauses (i), (ii),
and (iii).</DELETED>
<DELETED> ``(B) Phase ii.--A Federal agency
described in paragraph (1) shall authorize a recipient
of a Phase II SBIR or STTR award to utilize not more
than $50,000 per project, included as part of the award
of the recipient or in addition to the amount of the
award of the recipient as determined appropriate by the
head of the Federal agency, for the services described
in paragraph (1)--</DELETED>
<DELETED> ``(i) provided through a vendor
selected under paragraph (2)(A);</DELETED>
<DELETED> ``(ii) provided through a vendor
other than a vendor selected under paragraph
(2)(A);</DELETED>
<DELETED> ``(iii) achieved through the
activities described in paragraph (2)(C);
or</DELETED>
<DELETED> ``(iv) provided or achieved
through any combination of clauses (i), (ii),
and (iii).''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(5) Targeted review.--A Federal agency may
perform targeted reviews of technical and business assistance
funding as described in subsection (mm)(1)(F).''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(zz) I-Corps Participation.--</DELETED>
<DELETED> ``(1) In general.--Each Federal agency that is
required to conduct an SBIR or STTR program with an Innovation
Corps (commonly known as `I-Corps') program shall--</DELETED>
<DELETED> ``(A) provide an option for participation
in an I-Corps teams course by recipients of an award
under the SBIR or STTR program; and</DELETED>
<DELETED> ``(B) authorize the recipients described
in subparagraph (A) to use an award provided under
subsection (q) to provide additional technical
assistance for participation in the I-Corps teams
course.</DELETED>
<DELETED> ``(2) Cost of participation.--The cost of
participation by a recipient described in paragraph (1)(A) in
an I-Corps course may be provided by--</DELETED>
<DELETED> ``(A) an I-Corps team grant;</DELETED>
<DELETED> ``(B) funds awarded to the recipient under
subsection (q);</DELETED>
<DELETED> ``(C) the participating teams or other
sources as appropriate; or</DELETED>
<DELETED> ``(D) any combination of sources described
in subparagraphs (A), (B), and (C).</DELETED>
<DELETED> ``(aaa) Commercialization Impact Assessment.--</DELETED>
<DELETED> ``(1) In general.--The Administrator shall
coordinate with each Federal agency with an SBIR or STTR
program to develop an annual commercialization impact
assessment report of the Federal agency, which shall measure,
for the 5-year period preceding the report--</DELETED>
<DELETED> ``(A) for Phase II contracts--</DELETED>
<DELETED> ``(i) the total amount of sales of
new products and services to the Federal
Government or other commercial
markets;</DELETED>
<DELETED> ``(ii) the total outside
investment from partnerships, joint ventures,
or other private sector funding
sources;</DELETED>
<DELETED> ``(iii) the total number of
technologies licensed to other
companies;</DELETED>
<DELETED> ``(iv) the total number of
acquisitions of small business concerns
participating in the SBIR program or the STTR
program that are acquired by other
entities;</DELETED>
<DELETED> ``(v) the total number of new
spin-out companies;</DELETED>
<DELETED> ``(vi) the total outside
investment from venture capital or angel
investments;</DELETED>
<DELETED> ``(vii) the total number of patent
applications;</DELETED>
<DELETED> ``(viii) the total number of
patents acquired;</DELETED>
<DELETED> ``(ix) the year of first Phase I
award and the total number of employees at time
of first Phase I award;</DELETED>
<DELETED> ``(x) the total number of
employees from the preceding completed year;
and</DELETED>
<DELETED> ``(xi) the percent of revenue, as
of the date of the report, generated through
SBIR or STTR program funding;</DELETED>
<DELETED> ``(B) the total number and value of
subsequent Phase II awards, as described in subsection
(bb), awarded for each particular project or
technology;</DELETED>
<DELETED> ``(C) the total number and value of Phase
III awards awarded subsequent to a Phase II
award;</DELETED>
<DELETED> ``(D) the total number and value of non-
SBIR and STTR program Federal awards and contracts;
and</DELETED>
<DELETED> ``(E) actions taken by the Federal agency,
and the results of those actions, relating to
developing a simplified and standardized application
process and requirements, procedures, and model
contracts throughout the Federal agency for Phase I,
Phase II, and Phase III SBIR program awards in
subsection (hh).</DELETED>
<DELETED> ``(2) Publication.--A commercialization impact
assessment report described in paragraph (1) of a Federal
agency shall be--</DELETED>
<DELETED> ``(A) included in the annual report of the
Federal agency required under this section;
and</DELETED>
<DELETED> ``(B) published on the website of the
Administration.</DELETED>
<DELETED> ``(bbb) Patent Assistance.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection--</DELETED>
<DELETED> ``(A) the term `Director' means the Under
Secretary of Commerce for Intellectual Property and
Director of the USPTO; and</DELETED>
<DELETED> ``(B) the term `USPTO' means the United
States Patent and Trademark Office.</DELETED>
<DELETED> ``(2) Assistance.--</DELETED>
<DELETED> ``(A) In general.--The Administrator shall
enter into an interagency agreement with the Director
under which the Director shall assist recipients of an
award under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection by establishing a
prioritized patent examination program for SBIR and
STTR recipients.</DELETED>
<DELETED> ``(B) Program details.--The program
established by the Director under subparagraph (A)
shall have the following characteristics:</DELETED>
<DELETED> ``(i) The program shall
incorporate all existing (as of the date on
which the Director establishes the program)
benefits under the procedures for prioritized
examination described in section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).</DELETED>
<DELETED> ``(ii) Under the program, with
respect to prioritized examination, an SBIR or
STTR recipient shall not be required to pay any
prioritized examination fee or processing fee
otherwise required under section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).</DELETED>
<DELETED> ``(iii) Under the program, the
Director shall ensure that, of the total number
of requests for prioritized examination
accepted by the USPTO in a fiscal year, the
greater of the following shall be reserved for
prioritized examinations for SBIR and STTR
recipients:</DELETED>
<DELETED> ``(I) 5 percent of the
total number of such requests that may
be accepted during that fiscal
year.</DELETED>
<DELETED> ``(II) 500 requests for
prioritized examination.</DELETED>
<DELETED> ``(iv) Under the program, the
Director may not grant more than 2 prioritized
examination requests to any individual
recipient.</DELETED>
<DELETED> ``(v) Under the program, the
Director may increase the number of requests
for prioritized examination that may be
accepted in any fiscal year (as described in
section 1.102(e) of title 37, Code of Federal
Regulations, or any successor regulation) by
the number determined under clause (iii) for
that fiscal year.</DELETED>
<DELETED> ``(C) Rules.--The Director shall issue
rules to carry out the prioritized patent examination
program established under this paragraph.</DELETED>
<DELETED> ``(3) Outreach.--The Administrator shall
coordinate with the Director to provide outreach regarding the
Pro Se Assistance Program of, and scam prevention services
provided by, the USPTO.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research Advancing to Market
Production for Innovators Act''.
SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended--
(1) in subsection (g)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (16), by striking ``and'' at the
end;
(C) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) with respect to peer review carried out under the
SBIR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(2) in subsection (o)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (20), by striking ``and'' at the
end;
(C) in paragraph (21), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(22) with respect to peer review carried out under the
STTR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(3) in subsection (cc)--
(A) by striking ``During fiscal years 2012 through
2025, the National Institutes of Health, the Department
of Defense, and the Department of Education'' and
inserting the following:
``(1) In general.--During fiscal years 2024 and 2025, each
Federal agency with an SBIR or STTR program''; and
(B) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a
Federal agency under this subsection in a fiscal year shall
be--
``(A) except as provided in subparagraph (B), not
more than 10 percent of the total funds allocated to
the SBIR and STTR programs of the Federal agency during
that fiscal year; and
``(B) with respect to the National Institutes of
Health, not more than 15 percent of the total funds
allocated to the SBIR and STTR programs of the National
Institutes of Health during that fiscal year.
``(3) Extension.--During fiscal year 2025, each Federal
agency with an SBIR or STTR program may continue phase
flexibility as described in this subsection only if the reports
required under subsection (tt)(1) have been submitted to the
appropriate committees.'';
(4) in subsection (hh)(2)(A)(i), by striking ``simplified
and standardized procedures and model contracts'' and inserting
``a simplified and standardized application process and
requirements, procedures, and model contracts''; and
(5) by adding at the end the following:
``(yy) Technology Commercialization Official.--Each Federal agency
participating in the SBIR or STTR program shall designate a Technology
Commercialization Official in the Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees
in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with
sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;
``(4) coordinate with the Technology Commercialization
Officials of other Federal agencies to identify additional
markets and commercialization pathways for promising SBIR and
STTR program technologies;
``(5) submit to the Administration an annual report on the
number of technologies from the SBIR or STTR program that have
advanced commercialization activities, including information
required in the commercialization impact assessment under
subsection (aaa);
``(6) submit to the Administration an annual report on
actions taken by the Federal agency, and the results of those
actions, to simplify, standardize, and expedite the application
process and requirements, procedures, and contracts as required
under subsection (hh) and described in subsection (aaa)(1)(E);
and
``(7) carry out such other duties as the Federal agency
determines necessary.''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report summarizing the metrics relating to and an
evaluation of the authority provided under section 9(cc) of the Small
Business Act (15 U.S.C. 638(cc)), as amended by subsection (a), which
shall include the size and location of the small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C. 632))
receiving awards under the SBIR or STTR program.
SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE;
COMMERCIALIZATION IMPACT ASSESSMENT; PATENT ASSISTANCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 2, is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``may enter into an
agreement with 1 or more vendors selected under
paragraph (2)(A) to provide small business
concerns engaged in SBIR or STTR projects with
technical and business assistance services''
and inserting ``shall authorize recipients of
awards under the SBIR or STTR program to
select, if desired, technical and business
assistance provided under subparagraph (A),
(B), or (C) of paragraph (2) with respect to
SBIR or STTR projects'';
(ii) by inserting ``cybersecurity
assistance,'' after ``intellectual property
protections,''; and
(iii) by striking ``such concerns'' and
inserting ``such recipients'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Staff.--A small business concern may, by
contract or otherwise, use funding provided under this
section to hire new staff, augment staff, or direct
staff to conduct or participate in training activities
consistent with the goals listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) Phase i.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase I
SBIR or STTR award to utilize not more than $6,500 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase II
SBIR or STTR award to utilize not more than $50,000 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).'';
and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform
targeted reviews of technical and business assistance funding
as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(zz) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to
conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-
Corps teams course by recipients of an award under the
SBIR or STTR program; and
``(B) authorize the recipients described in
subparagraph (A) to use an award provided under
subsection (q) to provide additional technical
assistance for participation in the I-Corps teams
course.
``(2) Cost of participation.--The cost of participation by
a recipient described in paragraph (1)(A) in an I-Corps course
may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under
subsection (q);
``(C) the participating teams or other sources as
appropriate; or
``(D) any combination of sources described in
subparagraphs (A), (B), and (C).
``(aaa) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with
each Federal agency with an SBIR or STTR program to develop an
annual commercialization impact assessment report of the
Federal agency, which shall measure, for the 5-year period
preceding the report (except with respect to subparagraph
(A)(x))--
``(A) for Phase II contracts--
``(i) the total amount of sales of new
products and services to the Federal Government
or other commercial markets;
``(ii) the total outside investment from
partnerships, joint ventures, or other private
sector funding sources;
``(iii) the total number of technologies
licensed to other companies;
``(iv) the total number of acquisitions of
small business concerns participating in the
SBIR program or the STTR program that are
acquired by other entities;
``(v) the total number of new spin-out
companies;
``(vi) the total outside investment from
venture capital or angel investments;
``(vii) the total number of patent
applications;
``(viii) the total number of patents
acquired;
``(ix) the year of first Phase I award and
the total number of employees at time of first
Phase I award;
``(x) the total number of employees, as of
October 1 of the year preceding the year in
which the report is submitted; and
``(xi) the percent of revenue, as of the
date of the report, generated through SBIR or
STTR program funding;
``(B) the total number and value of subsequent
Phase II awards, as described in subsection (bb),
awarded for each particular project or technology;
``(C) the total number and value of Phase III
awards awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and
STTR program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the
results of those actions, relating to developing a
simplified and standardized application process and
requirements, procedures, and model contracts
throughout the Federal agency for Phase I, Phase II,
and Phase III SBIR program awards in subsection (hh).
``(2) Reporting by certain concerns.--For each fiscal year,
each small business concern that has received more than 50
Phase II awards on or after October 1 of the ninth fiscal year
before that fiscal year shall report to the Administration--
``(A) the rate of transition of the small business
concern to Federal contracts outside of the SBIR and
STTR program; and
``(B) the gross revenue of the small business
concern and the amount of gross revenue derived from
SBIR and STTR Phase I and Phase II awards.
``(3) Publication.--A commercialization impact assessment
report described in paragraph (1) of a Federal agency shall
be--
``(A) included in the annual report of the Federal
agency required under this section; and
``(B) published on the website of the
Administration.
``(bbb) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Under Secretary
of Commerce for Intellectual Property and Director of
the USPTO; and
``(B) the term `USPTO' means the United States
Patent and Trademark Office.
``(2) Assistance.--
``(A) In general.--The Administrator shall enter
into an interagency agreement with the Director under
which the Director shall assist recipients of an award
under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection by establishing a
prioritized patent examination program for SBIR and
STTR recipients.
``(B) Program details.--The program established by
the Director under subparagraph (A) shall have the
following characteristics:
``(i) The program shall incorporate all
existing (as of the date on which the Director
establishes the program) benefits under the
procedures for prioritized examination
described in section 11(h) of the Leahy-Smith
America Invents Act (35 U.S.C. 41 note).
``(ii) Under the program, with respect to
prioritized examination, an SBIR or STTR
recipient shall not be required to pay any
prioritized examination fee or processing fee
otherwise required under section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).
``(iii) Under the program, the Director
shall ensure that, of the total number of
requests for prioritized examination accepted
by the USPTO in a fiscal year, the greater of
the following shall be reserved for prioritized
examinations for SBIR and STTR recipients:
``(I) 5 percent of the total number
of such requests that may be accepted
during that fiscal year.
``(II) 500 requests for prioritized
examination.
``(iv) Under the program, the Director may
not grant more than 2 prioritized examination
requests to any individual recipient.
``(v) Under the program, the Director may
increase the number of requests for prioritized
examination that may be accepted in any fiscal
year (as described in section 1.102(e) of title
37, Code of Federal Regulations, or any
successor regulation) by the number determined
under clause (iii) for that fiscal year.
``(C) Rules.--The Director shall issue rules to
carry out the prioritized patent examination program
established under this paragraph.
``(3) Outreach.--The Administrator shall coordinate with
the Director to provide outreach regarding the Pro Se
Assistance Program of, and scam prevention services provided
by, the USPTO.''.
Calendar No. 169
118th CONGRESS
1st Session
S. 1396
_______________________________________________________________________
A BILL
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
_______________________________________________________________________
July 25, 2023
Reported with an amendment