S.Amdt. 6346
What it does: Adds SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT INVENTORS wherever appropriateWhat it changes
1 change to S.Amdt. 5499
Adds SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT INVENTORS wherever appropriate
Adds a sectionInserted: SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT INVENTORS.
Inserted: (a) Amendment.--Chapter 11 of title 35, United States Code, is amended by adding at the end the following:
Inserted: "Sec. 124. Collection of demographic information for patent inventors
Inserted: "(a) Voluntary Collection.--The Director shall provide for the collection of demographic information, including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate, related to each inventor listed with an application for patent, that may be submitted voluntarily by that inventor.
Inserted: "(b) Protection of Information.--The Director shall--
Inserted: "(1) keep any information submitted under subsection (a) confidential and separate from the application for patent; and
Inserted: "(2) establish appropriate procedures to ensure--
Inserted: "(A) the confidentiality of any information submitted under subsection (a); and
Inserted: "(B) that demographic information is not made available to examiners or considered in the examination of any application for patent.
Inserted: "(c) Relation to Other Laws.--
Inserted: "(1) Freedom of information act.--Any demographic information submitted under subsection (a) shall be exempt from disclosure under section 552(b)(3) of title 5.
Inserted: "(2) Federal information policy law.--Subchapter I of chapter 35 of title 44 shall not apply to the collection of demographic information under subsection (a).
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Inserted: "(d) Publication of Demographic Information.--
Inserted: "(1) Report required.--Not later than 1 year after the date of enactment of this section, and not later than January 31 of each year thereafter, the Director shall make publicly available a report that, except as provided in paragraph (3)--
Inserted: "(A) includes the total number of patent applications filed during the previous year disaggregated--
Inserted: "(i) by demographic information described in subsection (a); and
Inserted: "(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States;
Inserted: "(B) includes the total number of patents issued during the previous year disaggregated--
Inserted: "(i) by demographic information described in subsection (a); and
Inserted: "(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States; and
Inserted: "(C) includes a discussion of the data collection methodology and summaries of the aggregate responses.
Inserted: "(2) Data availability.--In conjunction with issuance of the report under paragraph (1), the Director shall make publicly available data based on the demographic information collected under subsection (a) that, except as provided in paragraph (3), allows the information to be cross-tabulated to review subgroups.
Inserted: "(3) Privacy.--The Director--
Inserted: "(A) may not include personally identifying information in--
Inserted: "(i) the report made publicly available under paragraph (1); or
Inserted: "(ii) the data made publicly available under paragraph (2); and
Inserted: "(B) in making publicly available the report under paragraph (1) and the data under paragraph (2), shall anonymize any personally identifying information related to the demographic information collected under subsection (a).
Inserted: "(e) Biennial Report.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to Congress a biennial report that evaluates the data collection process under this section, ease of access to the information by the public, and recommendations on how to improve data collection.".
Inserted: (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 11 of title 35, United States Code, is amended by adding at the end the following:
Inserted: "124. Collection of demographic information for patent inventors.".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 6346. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT INVENTORS.
(a) Amendment.--Chapter 11 of title 35, United States Code, is amended by adding at the end the following:
“Sec. 124. Collection of demographic information for patent
inventors
“(a) Voluntary Collection.--The Director shall provide for the collection of demographic information, including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate, related to each inventor listed with an application for patent, that may be submitted voluntarily by that inventor.
“(b) Protection of Information.--The Director shall--
“(1) keep any information submitted under subsection (a) confidential and separate from the application for patent; and
“(2) establish appropriate procedures to ensure--
“(A) the confidentiality of any information submitted under subsection (a); and
“(B) that demographic information is not made available to examiners or considered in the examination of any application for patent.
“(c) Relation to Other Laws.--
“(1) Freedom of information act.--Any demographic information submitted under subsection (a) shall be exempt from disclosure under section 552(b)(3) of title 5.
“(2) Federal information policy law.--Subchapter I of chapter 35 of title 44 shall not apply to the collection of demographic information under subsection (a).
“(d) Publication of Demographic Information.--
“(1) Report required.--Not later than 1 year after the date of enactment of this section, and not later than January 31 of each year thereafter, the Director shall make publicly available a report that, except as provided in paragraph (3)--
“(A) includes the total number of patent applications filed during the previous year disaggregated--
“(i) by demographic information described in subsection (a); and
“(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States;
“(B) includes the total number of patents issued during the previous year disaggregated--
“(i) by demographic information described in subsection (a); and
“(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States; and
“(C) includes a discussion of the data collection methodology and summaries of the aggregate responses.
“(2) Data availability.--In conjunction with issuance of the report under paragraph (1), the Director shall make publicly available data based on the demographic information collected under subsection (a) that, except as provided in paragraph (3), allows the information to be cross-tabulated to review subgroups.
“(3) Privacy.--The Director--
“(A) may not include personally identifying information in--
“(i) the report made publicly available under paragraph (1); or
“(ii) the data made publicly available under paragraph (2); and
“(B) in making publicly available the report under paragraph (1) and the data under paragraph (2), shall anonymize any personally identifying information related to the demographic information collected under subsection (a).
“(e) Biennial Report.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to Congress a biennial report that evaluates the data collection process under this section, ease of access to the information by the public, and recommendations on how to improve data collection.”.
(b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 11 of title 35, United States Code, is amended by adding at the end the following:
“124. Collection of demographic information for patent inventors.”.
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Senate amendment submitted
September 29, 2022