S. 791 – Small Business Innovation Protection Act of 2017

AI-Generated Summary

Updated April 15, 2026 at 2:28 PM UTC

The Small Business Innovation Protection Act of 2017 updates the Small Business Act to strengthen intellectual‑property education for small businesses. It requires the Small Business Administration and the U.S. Patent and Trademark Office to work together to create and deliver training on domestic and international IP protection. The law also adds a new role for Small Business Development Centers to provide this IP training, helping businesses incorporate IP considerations into their growth plans.

Key Provisions

Within 180 days, the SBA Administrator, in consultation with the USPTO Director, must develop partnership agreements that set up high‑quality IP training programs for small businesses, using existing materials and involving nonprofit partners.
The training must be offered through electronic means such as webinars and also at physical locations, including Small Business Development Centers and USPTO regional or headquarters offices.
The Small Business Act is amended to require Small Business Development Centers, in partnership with the USPTO, to provide training on domestic and international IP protections and how to factor those protections into business plans, delivered either in person or online.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

18 earlier actions

SenateCommittee Latest Action

By Senator Risch from Committee on Small Business and Entrepreneurship filed written report. Report No. 115-435.

Small Business and Entrepreneurship Committee

December 19, 2018

View full timeline

SenateIntro Referral

Introduced in Senate

March 30, 2017

SenateIntro Referral

Read twice and referred to the Committee on Small Business and Entrepreneurship.

Small Business and Entrepreneurship Committee

March 30, 2017

SenateCommittee

Committee on Small Business and Entrepreneurship. Ordered to be reported without amendment favorably.

Small Business and Entrepreneurship Committee

March 14, 2018

SenateCommittee

Committee on Small Business and Entrepreneurship. Reported by Senator Risch without amendment. Without written report.

Small Business and Entrepreneurship Committee

March 19, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 347.

March 19, 2018

SenateFloor

Passed Senate without amendment by Voice Vote. (consideration: CR S5073-5074; text: CR S5073-5074)

July 18, 2018

HouseFloor

Received in the House.

July 19, 2018 • 11:58 AM

SenateFloor

Message on Senate action sent to the House.

July 19, 2018

HouseFloor

Held at the desk.

July 19, 2018 • 3:54 PM

HouseFloor

Mr. Chabot moved to suspend the rules and pass the bill.

September 25, 2018 • 6:02 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8813-8815)

September 25, 2018 • 6:02 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 791.

September 25, 2018 • 6:02 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H8813-8814)

September 25, 2018 • 6:09 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8813-8814)

September 25, 2018 • 6:09 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 25, 2018 • 6:09 PM

President

Presented to President.

September 28, 2018

Became Law

Signed by President.

October 9, 2018

Became Law

Became Public Law No: 115-259.

October 9, 2018

SenateCommittee

By Senator Risch from Committee on Small Business and Entrepreneurship filed written report. Report No. 115-435.

Small Business and Entrepreneurship Committee

December 19, 2018

Floor Debate

4 members

What members said about S. 791 on the floor

3 Republicans1 Democrat

Rep. Steve ChabotR-OH-1 · Sep 25, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (S. 791) to amend the Small Business Act to expand intellectual property education and training for small businesses, and for other…

Mr. Speaker, I move to suspend the rules and pass the bill (S. 791) to amend the Small Business Act to expand intellectual property education and training for small businesses, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of S. 791, the Small Business Innovation Protection Act of 2017.

As small-business entrepreneurs continue to expand both here and abroad, they must have the tools they need to protect their intellectual property. However, the process for obtaining intellectual property protections both in the U.S. and abroad can be daunting, even for the most experienced small-business owner.

We must ensure that small-business owners have the tools they need to protect their innovative ideas and products, as intellectual property protections are essential to promoting entrepreneurship and innovation.

Small-business owners often do not have the resources to protect their ideas and products, especially when they are competing in the international marketplace. Most simply cannot afford to retain attorneys to guide them through the difficult process of obtaining intellectual property protections, which leaves them vulnerable to their innovative ideas and products being stolen both here in the United States and internationally.

This legislation addresses this issue by developing a partnership between the Small Business Administration, the SBA, and the United States Patent and Trademark Office, USPTO, giving entrepreneurs the full breadth of knowledge of a Small Business Development Center system and the USPTO.

The bill utilizes existing resources at both agencies to better assist small-business owners and expand their outreach efforts to provide small businesses with the resources they need to address intellectual property issues.

Considering the important role that small-business entrepreneurs play in our global marketplace, it is our responsibility to ensure that they have the resources they need to better protect their intellectual property.

Mr. Speaker, I urge my colleagues to support this commonsense legislation, and I reserve the balance of my time.

House of Representatives,

Committee on the Judiciary,

Washington, DC, September 20, 2018.

Hon. Steve Chabot,

Chairman, Committee on Small Business,

Washington, DC.

Dear Chairman Chabot, I write with respect to S. 791, the

``Small Business Innovation Protection Act.'' As a result of

your having consulted with us on provisions within S. 791

that fall within the Rule X jurisdiction of the Committee on

the Judiciary, I forego any further consideration of this

bill so that it may proceed expeditiously to the House floor

for consideration.

The Judiciary Committee takes this action with our mutual

understanding that by foregoing consideration of S. 791 at

this time, we do not waive any jurisdiction over subject

matter contained in this or similar legislation and that our

committee will be appropriately consulted and involved as

this bill or similar legislation moves forward so that we may

address any remaining issues in our jurisdiction. Our

committee also reserves the right to seek appointment of an

appropriate number of conferees to any House-Senate

conference involving this or similar legislation and asks

that you support any such request.

I would appreciate a response to this letter confirming

this understanding with respect to S. 791 and would ask that

a copy of our exchange of letters on this matter be included

in the Congressional Record during floor consideration of S.

791.

Sincerely,

Bob Goodlatte,

Chairman.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, S. 791 is the Senate counterpart to legislation spearheaded on the House side by Mr. Evans and Mr. Fitzpatrick, both of Pennsylvania. Once again, it is bipartisan legislation coming out of the Small Business Committee.

That bill, H.R. 2655, was also reported unanimously out of our committee this spring. I commend them on their work on this important issue.

This legislation helps small businesses receive better access to education and training opportunities both domestically and abroad.

A partnership between the Small Business Administration and the USPTO would help more small-business owners learn how they can use intellectual property to protect their ideas and products. This important partnership between the two agencies will help to reach more small-business owners and better prepare them for doing business both here and abroad.

It is vital that small-business owners have as many tools and resources as possible to help protect their innovative ideas from intellectual property theft.

Mr. Speaker, I urge my colleagues to support this bipartisan legislation, and I reserve the balance of my time.

Mr. Speaker, I would just advise the gentlewoman not to get ahead of herself there. It ain't happened yet, and I don't think it is going to happen. But nonetheless, we have had a wonderful working relationship over the years. I have been the chair; I have been the ranking member. The gentlewoman from New York has been the chair and the ranking member. We would like to keep it just the way it is now, but we will see in about 6 weeks.

Mr. Speaker, I have already given the closing statement, so I yield back the balance of my time.

Sen. James LankfordR-OK · Mar 14, 2018

Mr. President, I have 12 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 12 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

Committee on Armed Services

The Committee on Armed Services is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 9:30 a.m. to conduct a hearing.

The Committee on Commerce, Science, and Transportation

The Committee on Commerce, Science, and Transportation is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 10 a.m. to conduct a hearing entitled, ``Rebuilding Infrastructure in America: Investing in Next Generation Broadband.''

Committee on Environment and Public Works

The Committee on Environment and Public Works is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 10 a.m. to conduct a hearing entitled, ``The Agriculture Creates Real Employment (ACRE) Act.''

The Committee on Health, Education, Labor, and Pensions

The Committee on Health, Education, Labor, and Pensions is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 4:05 p.m. to conduct a hearing on the following nominations: John F. Ring, of the District of Columbia, to be a Member of the National Labor Relations Board, Frank T. Brogan, of Pennsylvania, to be Assistant Secretary for Elementary and Secondary Education, and Mark Schneider, of the District of Columbia, to be Director of the Institute of Education Science, both of the Department of Education, Marco M. Rajkovich, Jr., of Kentucky, to be a Member of the Federal Mine Safety and Health Review Commission, and other pending nominations.

Committee on Indian Affairs

The Committee on Indian Affairs is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 2:30 p.m to conduct a hearing entitled, ``Opioids in Indian Country: Beyond the Crisis to Healing the Community.''

Committee on the Judiciary

The Committee on the Judiciary is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 9:30 a.m., to conduct a hearing entitled ``See Something, Say Something, Oversight of the Parkland Shooting and Legislative Proposals to Improve School Safety.''

Committee on Small Business and Entrepreneurship

The Committee on Small Business and Entrepreneurship is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, after the first vote to conduct a hearing on S. 526, to amend the Small Business Act to provide for expanded participation in the microloan program, S. 791, to amend the Small Business Act to expand intellectual property education and training for small businesses, S. 1538, to amend the Small Business Act to establish awareness of, and technical assistance for, the creation of employee stock ownership plans, S. 1961, to amend the Small Business Act to temporarily reauthorize certain pilot programs under the Small Business Innovation Research Program and the Small Business Technology Transfer Program, S. 1995, to amend the Small Business Investment Act of 1958 to improve the number of small business investment companies in underlicensed States, S. 2283, to amend the Small Business Act to strengthen the Office of Credit Risk Management within the Small Business Administration, S. 2419, to amend the Small Business Act to improve the technical and business assistance services under the SBIR and STTR programs, S. 2527, to amend the Small Business Investment Act of 1958 to increase the amount of leverage made available to small business investment companies, and the nominations of David Christian Tryon, of Ohio, to be Chief Counsel for Advocacy, and Hannibal Ware, of the Virgin Islands, to be Inspector General, both of the Small Business Administration.

Committee on Veterans' Affairs

The Committee on Veterans' Affairs is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 10 a.m. to conduct a joint hearing.

Joint Select Committee on Solvency of Multiemployer Pension Plans

The Joint Select Committee on Solvency of Multiemployer Pension Plans is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 10 a.m. to conduct a hearing.

Subcommittee on Strategic Force

The Subcommittee on Strategic Force of the Committee on Armed Services is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 2:30 p.m. to conduct a hearing.

Subcommittee on Africa and Global Health Policy

The Subcommittee on Africa and Global Health Policy of the Committee on Foreign Relations is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 10 a.m. to conduct a hearing entitled, ``Somalia's Current Security and Stability Status.''

Subcommittee on Multilateral International Development, Multilateral

Institutions, and International Economic, Energy and Environmental

Policy

The Subcommittee on Multilateral International Development, Multilateral Institutions, and International Economic, Energy and Environmental Policy of the Committee on Foreign Relations is authorized to meet during the session of the Senate on Wednesday, March 14, 2018, at 2:30 p.m. to conduct a hearing entitled, ``Why Food Security Matters.''

Rep. Nydia M. VelázquezD-NY-7 · Sep 25, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 791, the Small Business Innovation Protection Act of 2017. Innovation is an indispensable element driving…

Sen. Mike RoundsR-SD · Jul 18, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 347, S. 791. I ask unanimous consent that the bill be considered read a third time. I…

Bill Text

5 versions available

Reading Mode

Raw Text PDF XML

Enrolled BillPublication date not provided

One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 791

AN ACT

To amend the Small Business Act to expand intellectual property education and training for small businesses, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Innovation Protection Act of 2017.

2.

Definitions

In this Act—

(1)

the term Administrator means the Administrator of the SBA;

(2)

the term Director means the Under Secretary of Commerce for Intellectual Property and Director of the USPTO;

(3)

the term SBA means the Small Business Administration;

(4)

the term small business concern has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a));

(5)

the term small business development center means a center described in section 21 of the Small Business Act (15 U.S.C. 648); and

(6)

the term USPTO means the United States Patent and Trademark Office.

3.

Findings

Congress finds that—

(1)

the USPTO and the SBA are positioned to—

(A)

build upon several successful intellectual property and training programs aimed at small business concerns; and

(B)

increase the availability of and the participation in the programs described in subparagraph (A) across the United States; and

(2)

any education and training program administered by the USPTO and the SBA should be scalable so that the program is able to reach more small business concerns.

4.

SBA and USPTO partnerships

(a)

In general

Beginning not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall develop partnership agreements that—

(1)

provide for the—

(A)

development of high-quality training, including in-person or modular training sessions, for small business concerns relating to domestic and international protection of intellectual property;

(B)

leveraging of training materials already developed for the education of inventors and small business concerns; and

(C)

participation of a nongovernmental organization; and

(2)

provide training—

(A)

through electronic resources, including Internet-based webinars; and

(B)

at physical locations, including—

(i)

a small business development center; and

(ii)

the headquarters or a regional office of the USPTO.

5.

Small Business Development Centers

Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—

(1)

in subparagraph (S), by striking and at the end;

(2)

in subparagraph (T), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(U)

in conjunction with the United States Patent and Trademark Office, providing training—

(i)

to small business concerns relating to—

(I)

domestic and international intellectual property protections; and

(II)

how the protections described in subclause (I) should be considered in the business plans and growth strategies of the small business concerns; and

(ii)

that may be delivered—

(I)

in person; or

(II)

through a website.

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate