In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 5796 · Referred in Senate

   SECTION 1. SHORT TITLE.

   This Act may be cited as the "Patents for Humanity Act of [struck: 2021][inserted: 2022]".

   SEC. 2. AWARD OF CERTIFICATES TO ACCELERATE CERTAIN MATTERS AT THE PATENT AND TRADEMARK OFFICE.

   (a) Award.--Chapter 2 of title 35, United States Code, is amended by adding at the end the following:

   "Sec. 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office

   Struck: "(a) Establishment.--There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters:

   Struck: "(1) An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board from that proceeding.

   Struck: "(2) An application for a patent, including one appeal to the Patent Trial and Appeal Board from that application.

   Struck: "(3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal.

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   Struck: "(4) A matter identified under subsection (d)(4).

   Struck: "(b) Administration.--The Director shall administer the competition established by subsection (a).

   Struck: "(c) Application.--An eligible entity seeking an award under subsection (a) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require.

   Struck: "(d) Rulemaking Authority.--With respect to the competition established by subsection (a), the Director shall conduct a rulemaking proceeding to promulgate rules on the--

   Struck: "(1) entities eligible to receive an award;

   Struck: "(2) process and metrics by which applications are judged, including the criteria for selecting judges for the competition;

   Struck: "(3) factors that will be considered in selecting the eligible entities that receive an award; and

   Struck: "(4) additional matters for which a certificate described under subsection (a) may be awarded.

   Struck: "(e) Promotion of Competition.--The Director shall promote the competition through the satellite offices established pursuant to section 1.

   Struck: "(f) Treatment as Successor.--The competition established under subsection (a) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled 'Humanitarian Awards Pilot Program', published at 77 Fed. Reg. 6544 (February 8, 2012)).

   "([struck: g][inserted: a]) [struck: Eligible Entity Defined][inserted: Definition].--In this section, the term 'eligible entity' means [struck: a][inserted: an] entity that--

   "(1) submits an application under subsection ([struck: c][inserted: d]) for a patent that addresses a humanitarian issue; and

   Struck: "(2) is eligible to receive an award under subsection (d)(1).".

   Struck: (b) Rule of Construction.--Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established by section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (d) of such section.

   Struck: (c) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 2 of title 35, United States Code, is amended by adding at the end the following:

   Inserted: "(2) meets the requirements specified by the Director.

   Inserted: "(b) Establishment.--There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters:

   Inserted: "(1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding.

   Inserted: "(2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application.

   Inserted: "(3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal.

   Inserted: "(4) A matter identified by the Director.

   Inserted: "(c) Administration.--The Director shall administer the competition established under subsection (b).

   Inserted: "(d) Application.--An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.

   Inserted: "(e) Promotion of Competition.--The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1.

   Inserted: "(f) Treatment as Successor.--The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled 'Humanitarian Awards Pilot Program', published at 77 Fed. Reg. 6544 (February 8, 2012)).".

   Inserted: (b) Rule of Construction.--Nothing in this section, or the amendments made by this section, may be construed as affecting any action taken by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office before the date of enactment of this Act with respect to the administration of the Patents for Humanity Program established in the notice entitled "Humanitarian Awards Pilot Program", published at 77 Fed. Reg. 6544 (February 8, 2012).

   Inserted: (c) Technical and Conforming Amendment.--The table of sections for chapter 2 of title 35, United States Code, is amended by adding at the end the following:

   "28. Award of certificates to accelerate certain matters at the Patent and Trademark Office.".

   Struck: Passed the House of Representatives April 27, 2022.

   Original wording

   Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed