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35 U.S.C. § 28Award of certificates to accelerate certain matters at the Patent and Trademark Office

submitted 4 years ago by Pub. L. 117-245 to r/title-35-PATENTS · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Patent Office holds a competition, at least every two years, awarding certificates to groups working on patents that address humanitarian problems. These certificates let the holder speed up certain patent matters, like an application or an appeal. This program replaces the earlier Patents for Humanity Program.

(a) Definition An "eligible entity" is one that: (1) submits an application under subsection (d) for a patent addressing a humanitarian issue; and (2) meets whatever requirements the Director specifies. (b) Establishment A competition is established, held at least every two years (not less frequently than biennially), to award eligible entities certificates. These certificates can be redeemed to accelerate one of these matters: (1) an ex parte reexamination proceeding, including one appeal from it to the Patent Trial and Appeal Board; (2) a patent application, including one appeal from it to that Board; (3) a Board appeal of a claim rejected twice in a patent or reissue application, or finally rejected in an ex parte reexamination, without accelerating the underlying matter itself; or (4) any other matter the Director identifies. (c) Administration The Director administers the competition established under (b). (d) Application An entity seeking an award must submit an application to the Director, at whatever time, in whatever manner, and with whatever information the Director requires. (e) Promotion of Competition The Director must promote the competition through the satellite offices established under section 1. (f) Treatment as Successor This competition is treated as the successor to the earlier Patents for Humanity Program, established by a notice titled "Humanitarian Awards Pilot Program," published at 77 Fed. Reg. 6544 on February 8, 2012.
the actual law source: uscode.house.gov ↗public domain
(a)Definition.—

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)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:

(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)Administration.—

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

(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.

(e)Promotion of Competition.—

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

(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)).

Source credit: (Added Pub. L. 117–245, § 2(a), Dec. 20, 2022, 136 Stat. 2343.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-245 · 136 Stat. 2343

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-245 on 2022-12-20.

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