§28 — Title 35 Patents | U.S. Code

Summary

Creates a contest held at least every two years to give certificates that speed up certain patent actions. An eligible entity is an applicant for a patent about a humanitarian problem that meets the Director’s requirements. Certificates can speed an ex parte reexamination (including one appeal to the Patent Trial and Appeal Board), a patent application (including one appeal), a PTAB appeal of a claim twice or finally rejected in reexamination (without speeding the original matter), or other items the Director names. The Director runs the contest, sets application rules, promotes it through Patent Office satellite offices, and treats it as the successor to the Patents for Humanity Program (Humanitarian Awards Pilot Program notice, 77 Fed. Reg. 6544, February 8, 2012).

Title 35, §28

Patents — Source: USLM XML via OLRC

(a)In this section, the term “eligible entity” means an entity that—

(1)submits an application under subsection (d) for a patent that addresses a humanitarian issue; and

(2)meets the requirements specified by the Director.

(b)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:

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

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

(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.

(4)A matter identified by the Director.

(c)The Director shall administer the competition established under subsection (b).

(d)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.

(e)The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1.

(f)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)).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 117–245, § 2(b), Dec. 20, 2022, 136 Stat. 2344, provided that: “Nothing in this section [enacting 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 [Dec. 20, 2022] 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).”

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