Leadership in CET Act
S. 1833, the Leadership in Critical and Emerging Technologies Act (the “Leadership in CET Act”), would create a one-time pilot program at the United States Patent and Trademark Office (USPTO) to expedite the examination of patent applications that claim technology deemed critical or emerging. The pilot would apply to “covered applications” that include at least one claimed invention in eligible fields—primarily artificial intelligence (and its subfields), semiconductor design/EDA tools, and quantum information science. The Director of the USPTO would establish the program within one year of enactment, set rules for participation, and potentially waive certain fees. The program has specific eligibility criteria for applicants and applications, a termination and renewal framework (based on time or the number of applications accepted), public reporting requirements, and a mandatory Congress-facing assessment after the program ends. The overall aim is to accelerate U.S. leadership and innovation in strategic technologies.
Key Points
- 1What qualifies for expedited review: The pilot targets “covered applications” with at least one claim in an “eligible critical or emerging technology,” which includes AI capabilities (and many AI subfields), semiconductor/design automation tools, and quantum information science capabilities.
- 2How the pilot works: The Director would implement an expedited examination pathway under 35 U.S.C. 131 for covered applications. The Director can issue regulations to govern participation, processing, handling of amendments, responses, appeals, and other procedural elements.
- 3Fees and waivers: The Director may waive certain fees or requirements related to expedited examination programs, including the petition fee for expedited processing.
- 4Eligibility requirements: To participate, applicants must (a) not be a foreign entity of concern, and (b) certify that the inventor(s) have not been named in more than four other covered applications. The underlying patent must be a noncontinuing, nonprovisional original utility patent (no domestic priority claims such as 120, 121, 365(c), or 386(c)).
- 5Termination and renewal: The pilot ends the earlier of 5 years after the first accepted covered application or once 15,000 covered applications have been accepted (not necessarily expedited). If terminated early, the Director may renew for up to 5 years or until an additional 15,000 applications are accepted, with notice required to Congress.
- 6Transparency and reporting: The USPTO must publicly publish information about the pilot (counts of applications submitted, accepted for participation, and patents issued for expedited inventions).
- 7Congressional oversight and data: A final report assessing impact and effectiveness must be submitted to the Senate and House Judiciary Committees within 180 days after termination (including any renewal). Data collection for this report is exempt from the Paperwork Reduction Act.