Leadership in CET Act
H.R. 3539, the Leadership in Critical and Emerging Technologies Act (Leadership in CET Act),Would require the U.S. Patent and Trademark Office (USPTO) to create a two-phase pilot program to speed up patent examination for applications covering certain critical and emerging technologies. The program targets innovations in artificial intelligence, semiconductor design, and quantum information science, and would allow the USPTO Director to set rules, waive certain fees, and coordinate with other federal agencies. The aim is to accelerate prompt patent consideration to bolster U.S. leadership and innovation in CET areas, while imposing specific eligibility rules, sunset/renewal terms, and transparency requirements. Under the bill, the pilot would run for up to five years (unless 15,000 covered applications are accepted first) and could be renewed. Data on participation, acceptance, and resulting patents would be publicly reported, and Congress would receive a formal assessment after termination. The program includes guardrails on who can participate (e.g., foreign entities of concern are excluded, and inventors must have limited prior participation in the pilot) and requires noncontinuing, nonprovisional utility applications with no domestic benefit claims to qualify.
Key Points
- 1Establishment of a pilot program at the USPTO to expedite examination of “covered applications” for eligible critical or emerging technologies, including AI, semiconductor design/EDA tools, and quantum information science capabilities.
- 2Expedited examination is achieved through a petition to make special and may involve regulatory conditions, potential fee waivers (petition and accelerated-exam/priority-fee waivers), and interagency consultation as appropriate.
- 3Qualifying criteria for covered applications:
- 4- The applicant is not a foreign entity of concern.
- 5- The inventor(s) certify they have not been named as inventor on more than 4 other covered applications submitted under the pilot.
- 6- The application is a noncontinuing, nonprovisional original utility patent under 35 U.S.C. 111(a) with no domestic priority claims (no benefit claims under 120, 121, 365(c), or 386(c)).
- 7Term and renewal:
- 8- The pilot ends no later than five years after the first acceptance of a covered application or when 15,000 covered applications have been accepted, whichever comes first.
- 9- If terminated due to the 15,000-application threshold, a renewal may be pursued for up to five years or until an additional 15,000 applications are accepted.
- 10- Renewal notice to Congress must occur with specific timing relative to milestones (e.g., 12,000/60-day or 12,000/30-day triggers).
- 11Public reporting and oversight:
- 12- The USPTO must publicly disclose pilot program data (numbers of applications submitted, accepted, and patents issued for expedited inventions) on its website.
- 13- A congressionally mandated report assessing the pilot’s impact and effectiveness is due within 180 days of termination or renewal, with data collection exempt from the Paperwork Reduction Act.
- 14Implementation details:
- 15- The Director may issue regulations specifying participation conditions, processing controls, restrictions/unity of invention, reply periods and standards, post-final-action amendments and appeals, and voluntary withdrawal.
- 16- The Director may consult with agencies such as the Attorney General, Secretaries of Defense, State, Treasury, Director of National Intelligence, and other federal heads as appropriate.