Section 1 Short title
This Act may be cited as the “Unleashing American Innovators Act of 2022”.
Unleashing American Innovators Act of 2022
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.
Sec. 2 Definitions
In this Act:
Director— The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the Office.
Office— The term Office means the United States Patent and Trademark Office.
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).
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
Amendments to purpose and required considerations— Section 23 of the Leahy-Smith America Invents Act (Public Law 112–29; 35 U.S.C. 1 note) is amended—
in subsection (b)—
in paragraph (1)—
by striking “increase outreach activities to”; and
by inserting after “Office” the following: “, 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”; and
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;”
in subsection (c)(1)—
in subparagraph (D), by striking “and” at the end;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) with respect to each office established after July 1, 2022, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education) and 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.”
Southeast regional office—
In general— In addition to the satellite offices required to be established under section 23 of the Leahy-Smith America Invents Act (35 U.S.C. note), 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.
Considerations— When selecting a site for the office required under paragraph (1), the Director shall consider the following:
The number of patent-intensive industries located near the selection site.
The number of research-intensive institutions, including institutions of higher education, located near the selection site.
Any legal or business frameworks of the relevant State or local government that support intellectual property-intensive industries located near the selection site.
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—
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
increase participation in the patent system by 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.
Sec. 4 Community outreach offices
Establishment—
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 4 community outreach offices throughout the United States.
Restriction— No community outreach office established under paragraph (1) may be located in the same State as—
the principal office of the Office; or
any satellite office of the Office.
Requirement for Northern New England region—
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.
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—
as of the date of enactment of this Act—
there is located not less than 1 public institution of higher education and not less than 1 private institution of higher education; and
there are located not more than 15 registered patent attorneys, according to data from the Office of Enrollment and Discipline of the Office; and
according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms (as that term is defined for the purposes of the Survey) are owned by women, minorities, or veterans.
Purposes— The purposes of the community outreach offices established under subsection (a) are to—
further achieve the purpose described in section 23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this Act;
partner with local community organizations, institutions of higher education, research institutions, and businesses to create community-based programs that—
provide education regarding the patent system; and
promote the career benefits of innovation and entrepreneurship; and
educate prospective inventors, including 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 about all public and private resources available to potential patent applicants, including the patent pro bono programs.
Sec. 5 Updates to the patent pro bono program
Study and updates—
In general— Not later than 1 year after the date of enactment of this Act, the Director shall—
complete a study of the patent pro bono programs; and
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.
Scope of the study— The study required under paragraph (1)(A) shall—
assess—
whether the patent pro bono programs, as in effect on the date on which the study is commenced, are sufficiently serving 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;
whether the patent pro bono programs are sufficiently funded to serve prospective participants;
whether any participation requirements of the patent pro bono programs, including any requirement to demonstrate knowledge of the patent system, serve as a deterrent for prospective participants;
the degree to which prospective inventors are aware of the patent pro bono programs;
what factors, if any, deter attorneys from participating in the patent pro bono program;
whether the program would be improved by expanding the patent pro bono program to include non-attorney advocates; and
any other issue the Director determines appropriate; and
make recommendations for such administrative and legislative action as may be appropriate.
Use of results— Upon completion of the study required under subsection (a), the Director shall work with the Patent Pro Bono Advisory Council, operators of patent pro bono 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.
Expansion of income eligibility— 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. Patent pro bono programs may elect to set a higher eligibility level.
Sec. 6 Pre-prosecution patentability assessment pilot program
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 likelihood of issuance of a potential patent submitted by such a prospective applicant.
Considerations— In developing the pilot program required under subsection (a), the Director shall establish—
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;
conditions to determine eligibility for the pilot program, taking into consideration available resources;
reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant;
procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and
procedures to protect the confidentiality of the information disclosed by prospective patent applicants.
Sec. 7 Fee reduction for small and micro entities
Title 35— Section 41(h) of title 35, United States Code, is amended—
in paragraph (1), by striking “50 percent” and inserting “60 percent or more, at the discretion of the Director,”; and
in paragraph (3), by striking “75 percent” and inserting “80 percent or more, at the discretion of the Director,”.
Title 35— Section 123 of title 35, United States Code, is amended by adding at the end the following:
“(f) Penalties for fraudulent certifications—In addition to any other penalty available under law, an applicant that is found to have made a certification described under this section on a fraudulent basis shall be subject to the following penalties:
“(1) Abandonment of the patent application concerned, if such application is pending.
“(2) Revocation of the patent concerned, if the patent has been issued.”
Title 35— Section 41(h) of title 35, United States Code, is amended by adding at the end the following:
“(4) Penalties for fraudulent certifications—In addition to any other penalty available under law, an entity that is found to have made a certification on a fraudulent basis that a fee reduction required by this subsection applies, such entity shall be subject to the following penalties:
“(A) Abandonment of the patent application concerned, if such application is pending.
“(B) Revocation of the patent concerned, if the patent has been issued.”
Leahy-Smith america invents act— Section 10(b) of the Leahy-Smith America Invents Act (Public Law 112–29; 35 U.S.C. 41 note) is amended by striking “50 percent” and inserting “60 percent, or by a higher percentage at the discretion of the Director,” and by striking “75 percent” and inserting “80 percent, or by a higher percentage at the discretion of the Director,”.