HR 8697 — Unleashing American Innovators Act of 2022

Summary

Unleashing American Innovators Act of 2022 This bill modifies the responsibilities of U.S. Patent and Trademark Office (PTO) satellite offices, increases the discount on patent-related fees for small and micro entities, and addresses related issues. Specifically, the bill modifies the statutory purpose of PTO satellite offices to include outreach and retention activities targeting underrepresented groups and individuals from economically, geographically, and demographically diverse backgrounds. For each satellite office established after July 1, 2022, the PTO must consider the office's proximity to anchor institutions (e.g., hospitals primarily serving veterans and institutions of higher education) and populations that are underrepresented in patent filings, including women, people of color, and rural populations. The PTO must establish (1) a satellite office in the southeastern United States within three years of this bill's enactment, (2) at least four community outreach offices throughout the United States within five years of this bill's enactment, and (3) a pilot program to help prospective first-time patent applicants assess the likelihood that a potential patent will be issued. The PTO must also (1) conduct and report to Congress a study on patent pro bono programs, including whether such programs are sufficiently serving underrepresented groups; and (2) use the study's findings to update such pro bono programs. In addition to increasing the discount on fees for small and micro entities, the bill also imposes penalties for making a fraudulent certification to obtain the discount, specifically by revoking any patent resulting from an application related to the fraudulent certification.

Bill Text

• Introduced Introduced in House Current html August 09, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to expand the scope of outreach and support for diversity within the United States Patent and Trademark Office, as well as modifying fee reductions for small and micro entities.

• 35 U.S.C. 41(h)

  50 percent → 60 percent or more, at the discretion of the Director

  This change increases the fee reduction for small entities from 50% to a minimum of 60% at the Director's discretion.

• 35 U.S.C. 41(h)

  75 percent → 80 percent or more, at the discretion of the Director

  This change increases the fee reduction for micro entities from 75% to a minimum of 80% at the Director's discretion.

• 35 U.S.C. 1 note

  increase outreach activities to → , including by increasing outreach activities, including to women, people of color, veterans, individual inventors, or members of any other demographic, geographic, rural population, or economic group that the Director may determine to be underrepresented in patent filings

  This change broadens the outreach mandate of the Office to specifically target underrepresented groups in patent filings.

• 35 U.S.C. 1 note

  and → and

  This indicates a continuation of related points without altering the existing text.

• 35 U.S.C. 1 note

  . → ; and

  This indicates a continuation of related points without altering the existing text.

• 35 U.S.C. 1 note

  2) → 2) enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds;

  This change emphasizes the importance of diversity in retaining patent examiners and administrative patent judges.

• 35 U.S.C. 1 note

  when selecting a site for the office required under paragraph (1), → When selecting a site for the office required under paragraph (1), the Director shall consider the following:

  This clarifies and improves the requirements for selecting sites for satellite offices, emphasizing multiple associated factors.

• The Director shall establish not less than 4 community outreach offices throughout the United States.

  This mandates the establishment of community outreach offices to enhance public awareness and engagement with the patent system.

• The Director shall work with and support, including by providing financial support, to intellectual property law associations across the United States that have established patent pro bono programs to expand eligibility for such programs to individuals living in a household, the gross household income of which is not more than 400 percent of the Federal poverty line.

  This expands the income threshold for eligibility in patent pro bono programs, increasing access to these services for more individuals.

Action History

1. August 09, 2022

   Introduced in House

2. August 09, 2022

   Introduced in House

3. August 09, 2022

   Referred to the House Committee on the Judiciary.

4. November 01, 2022

   Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Sponsors

• Deborah K. Ross · Primary

Subjects