S. 632Senate117th Congress (2021-2023)In Committee

IDEA Act

Introduced March 9, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:56 PM UTC

The Inventor Diversity for Economic Advancement (IDEA) Act requires the U.S. Patent and Trademark Office to collect voluntary demographic information—such as gender, race, and veteran status—from individuals listed on patent applications. The data must be kept confidential, not used in patent examination, and exempt from FOIA. The USPTO must publish an annual aggregated report and data set, and submit a biennial report to Congress evaluating the collection process. The bill affects patent inventors and the USPTO’s reporting practices.

Key Provisions

  • Inventors may voluntarily provide demographic details (gender, race, veteran status, etc.) when filing a patent application.
  • The USPTO must keep this information separate from the patent file, keep it confidential, and ensure it is not considered by examiners.
  • Collected data are exempt from disclosure under the Freedom of Information Act and not subject to certain federal information policies.
  • Each year, the USPTO must release a public report showing the number of applications and patents issued, broken down by demographic categories, technology class, and inventor location, without any personally identifying information.
  • The USPTO must also make anonymized data available for cross‑tabulation and submit a biennial report to Congress on the data‑collection process and recommendations.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

April 29, 2021

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SenateIntro Referral

Introduced in Senate

March 9, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1425-1426)

March 9, 2021

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

April 29, 2021

Floor Debate

2 members

What members said about S. 632 on the floor

2 Democrats
Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Mar 9, 2021

Mr. President, I rise today to introduce the Inventor Diversity for Economic Advancement Act of 2021. I thank my colleague from North Carolina, Senator Tillis, for working with me on this important…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 9, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued March 9, 2021

II

117th CONGRESS

1st Session

S. 632

IN THE SENATE OF THE UNITED STATES

March 9, 2021

Ms. Hirono (for herself, Mr. Tillis, Mr. Coons, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend chapter 11 of title 35, United States Code, to require the voluntary collection of demographic information for patent inventors, and for other purposes.

1.

Short title

This Act may be cited as the Inventor Diversity for Economic Advancement Act of 2021 or the IDEA Act.

2.

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:

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 January 31 of each year, 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

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.

.

(c)

Deadline for biennial report

Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to Congress the biennial report required under section 124(e) of title 35, United States Code, as added by subsection (a).