§28 — Title 35 Patents | U.S. Code

Summary

Creates a contest, held at least every two years, that gives winning groups certificates they can use to speed up certain patent processes. To be eligible, a group must apply for a patent that deals with a humanitarian issue and meet rules the Director sets. A certificate can be used to accelerate things like an ex parte reexamination (including one appeal to the Patent Trial and Appeal Board), a patent application (including one appeal), a Board appeal of certain twice- or finally-rejected claims (without speeding the original case), or another matter the Director chooses. The Director runs the contest, sets how and when to apply, and must promote it through the Patent Office satellite offices. The contest replaces the Patents for Humanity Program (notice at 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