H.R. 3539: Leadership in Critical and Emerging Technologies Act

This bill, known as the Leadership in Critical and Emerging Technologies Act, proposes the creation of a pilot program by the United States Patent and Trademark Office (USPTO) to expedite the examination process for certain patent applications related to critical and emerging technologies. Here's a breakdown of its main components:

Objectives of the Pilot Program

The primary goals of this pilot program are to:

• Encourage innovation in critical and emerging technologies.
• Ensure that patent applications in these areas receive timely examination.

Definitions

Key terms outlined in the bill include:

• Covered Application: A patent application that includes at least one claimed invention in an eligible technology area.
• Eligible Critical or Emerging Technology: Categories include:
• Artificial intelligence capabilities such as machine learning and generative AI.
• Semiconductor design and electronic design automation tools.
• Quantum information science capabilities, which covers aspects like quantum computing and sensing.
• Expedite: The process of advancing an application out of turn using a specific petition.

Implementation Timeline

The Director of the USPTO is required to establish this pilot program no later than one year after the bill is enacted.

Program Structure

Under this program, the Director may:

• Set conditions for applications to be accepted, including participation guidelines and internal processing rules.
• Waive certain fees related to expedited applications.
• Consult with various federal agencies to ensure program effectiveness.

Application Requirements

To qualify for the pilot program, applications must meet several criteria:

• The applicant must not be a foreign entity of concern and must certify specific inventor qualifications.
• Applications must be noncontinuing, nonprovisional, and original utility patents.

Termination and Renewal

The pilot program will terminate after:

• Five years from the first accepted application, or
• The acceptance of 15,000 applications, whichever comes first.

Upon reaching the application limit, the Director may choose to renew the program for an additional five years or until another 15,000 applications are accepted.

Reporting and Transparency

The USPTO will also be required to:

• Provide public access to information about the program, including the number of applications submitted and accepted, as well as patents issued.
• Submit a report to Congress evaluating the program's effectiveness 180 days after its termination.

Relevant Companies

• AAPL (Apple Inc.): Potentially impacted through patents related to semiconductor design and artificial intelligence technologies.
• GOOGL (Alphabet Inc.): Likely to benefit from expedited processes for patent applications in AI and quantum technologies.
• MSFT (Microsoft Corp.): Could see impacts in areas related to AI and participation in the pilot program for expediting patent applications.
• INTC (Intel Corp.): Might be directly affected regarding the semiconductor and quantum technology applications filed under the pilot program.
• NVDA (NVIDIA Corp.): Likely to engage in the pilot program focusing on AI-related patents.