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Bill
Notes

S. 2773 — what changed

Unleashing American Innovators Act of 2022

From Reported in Senate to Engrossed in Senate. 6 sections amended between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Unleashing American Innovators Act of 2021”.2022”.

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)
changed by inserting after “Office” the following: “, including by increasing outreach activities, including to individual innovators, inventors, small businesses, veterans, low-income populations, students, rural populations, and any other demographic geographic group or category of innovators that the Director may determine, after notice in the Federal Register, determine 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;”

(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:

changed “(F) with respect to each office established after January 1, 2021, 2023, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education) education), individual inventors, small businesses, veterans, low-income populations, students, rural populations, and populations any geographic group of innovators that the Director may determine to be underrepresented in patent filings, including rural populations.”filings.”

(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)
changed Considerations— When establishing selecting a site for the office required under paragraph (1), the Director shall consider the following:
(A)
changed The number of patent-intensive industries located near the selection site.
(B)
changed How many research-intensive institutions, including institutions of higher education, are located near the selection site.
(C)
changed 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)
changed increase participation in the patent system by women, people of color, veterans, individual inventors, or members of small businesses, veterans, low-income populations, students, rural populations, and any other demographic, geographic, or economic geographic group of innovators that the Director may determine to be underrepresented in patent filings.

Sec. 4 Community Outreach Offices

(a)
Establishment—
(1)
changed 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 4 community outreach offices in each region of throughout the United States that, as of that date of enactment, is served by—States.
(A)
removed a satellite office of the Office; or
(B)
removed 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)
changed 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 that Survey) 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)
changed educate prospective inventors, including veterans, individual inventors, small businesses, veterans, low-income populations, students, rural populations, and individuals from demographic, geographic, or economic groups any geographic group of innovators 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)
removed 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 programs

(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)
changed 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, prospective and economic groups that the Director may determine to be underrepresented in patent filings;existing participants;
(ii)
whether the patent pro bono programs are sufficiently funded to serve prospective participants;
(iii)
changed whether the any participation requirements requirement of the patent pro bono programs, including the any requirement to demonstrate knowledge of the patent system, serve serves as a deterrent for prospective participants;
(iv)
the degree to which prospective inventors are aware of the patent pro bono programs;
(v)
changed the degree to which the length of prosecution time for pro bono applicants serves as a deterrent for what factors, if any, deter attorneys to participate from participating in the patent pro bono programs; andprograms;
(vi)
added whether the patent pro bono programs would be improved by expanding those programs to include non-attorney advocates; and
(vii)
renumbered was (2)(3)(3)(7) any other issue the Director determines appropriate; and
(B)
make recommendations for such administrative and legislative action as may be appropriate.
(b)
changed 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 the operators of the 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.
(c)
added Expansion of income eligibility—
(1)
added In general— The Director shall work with and support, including by providing financial support to, existing patent pro bono 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.
(2)
added Rule of construction— Nothing in paragraph (1) may be construed to prevent a patent pro bono program from electing to establish a higher eligibility level, as compared to the level described in that paragraph.
(c)
removed 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 assessment pilot program

(a)
changed 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 strengths and weaknesses 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)
changed reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant; andapplicant;
(4)
changed procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs.programs; and
(5)
added procedures to protect the confidentiality of the information disclosed by prospective patent applicants.

Sec. 7 Fee reduction for small and micro entities

(a)
Title 35— Section 41(h) of title 35, United States Code, is amended—
(1)
changed in paragraph (1), by striking “50 percent” and inserting “75 percent or more, at the discretion of the Director,”; “60 percent”; and
(2)
changed in paragraph (3), by striking “75 percent” and inserting “90 percent or more, at the discretion of the Director,”.“80 percent”.
(b)
changed Leahy-Smith America Invents Act—False certifications— Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C. 41 note) Title 35, United States Code, is amended by striking “75 percent” and inserting “90 percent or more, at the discretion of the Director,”.amended—
(1)
added in section 41, by adding at the end the following:

added “(j) Penalty for false assertions—In addition to any other penalty available under law, an entity that is found to have falsely asserted entitlement to a fee reduction under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false assertion, whether the Director discovers the false assertion before or after the date on which a patent has been issued.”

(2)
added in section 123, by adding at the end the following:

added “(f) Penalty for false certifications—In addition to any other penalty available under law, an entity that is found to have falsely made a certification under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false certification, whether the Director discovers the false certification before or after the date on which a patent has been issued.”

(c)
added Leahy-Smith America Invents Act— Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C. 41 note) is amended—
(1)
added by striking “50 percent” and inserting “60 percent”; and
(2)
added by striking “75 percent” and inserting “80 percent”.
(d)
added Study on fees—
(1)
added In general— Not later than 2 years after the date of enactment of this Act, the Director shall—
(A)
added complete a study of the fees charged by the Office; and
(B)
added 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)
added Scope of study— The study required under paragraph (1)(A) shall—
(A)
added assess whether—
(i)
added fees for small and micro entities are inhibiting the filing of patent applications by those entities;
(ii)
added fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination; and
(iii)
added the results of the assessments performed under clauses (i) and (ii) counsel in favor of changes to the fee structure of the Office, such as—
(I)
added raising standard application and examination fees;
(II)
added reducing standard maintenance fees; and
(III)
added reducing the fees for small and micro entities as a percentage of standard application fees; and
(B)
added make recommendations for such administrative and legislative action as may be appropriate.