Leadership in Critical and Emerging Technologies Act (H.R. 3539 IH)
Section 1. Short Title
This Act may be cited as the ‘‘Leadership in Critical and Emerging Technologies Act’’ or the ‘‘Leadership in CET Act’’.
SECTION 2. PILOT PROGRAM FOR EXPEDITING EXAMINATION OF CERTAIN CRITICAL AND EMERGING TECHNOLOGY PATENT APPLICATIONS
(a) Definitions
In this section:
- covered application: an application for patent that contains at least 1 claimed invention directed to an eligible critical or emerging technology.
- Director: the Under Secretary of Commerce for Intellectual Property and Director of the Office.
-
eligible critical or emerging technology: means—
-
(A) an artificial intelligence capability relating to:
- i) machine learning;
- ii) deep learning;
- iii) reinforcement learning;
- iv) sensory perception or recognition;
- v) an artificial intelligence assurance or assessment technique;
<li[vi] a foundation model;
<li[vii] a generative artificial intelligence system or multimodal or large language model;
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(A) an artificial intelligence capability relating to:
- x) the improvement of artificial intelligence safety, trust, security, or responsible use;
<li[viii] a synthetic data approach for training, tuning, or testing;
<li(ix) planning, reasoning, or decision making; or
- i) quantum computing;
- ii) materials, isotopes, or fabrication techniques for quantum devices;
- iii) quantum sensing; or
<li.iv) quantum communications or networking.
(b) Pilot Program
The pilot program shall be established to expedite the examination of applications under section 111(a) of title 35, United States Code.
SECTION 3. TERMINATION AND RENEWAL OF THE PILOT PROGRAM
(a) General
The pilot program shall terminate on the earlier of the following:
- The date that is 5 years after the date on which the Director first accepts a covered application for participation in the pilot program.
- The date on which the Director has accepted 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
(b) Renewal
If the pilot program terminates under paragraph (1)(B), the Director may renew the pilot program for the shorter of the following:
- An additional 5-year period, beginning on the date on which the pilot program terminates under paragraph (1)(B).
- An additional period—
- i) beginning on the date on which the pilot program terminates under paragraph (1)(B); and
- ii) ending on the date on which the Director has accepted an additional 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
(c) Notice of Renewal
The Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the intent of the Director to renew the pilot program under paragraph (2) not later than the date that is the earlier of the following:
- The date that is 60 days before the date described in paragraph (1)(A).
- The date that is 30 days after the date on which the Director has accepted 12,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
SECTION 4. PUBLIC AVAILABILITY OF INFORMATION
The Director shall make publicly available in an easily accessible location on the website of the Office information about the pilot program, including—
- The number of covered applications submitted under the pilot program;
- The number of covered applications described in paragraph (1) that the Director has accepted for participation in the pilot program; and
- The number of patents that have been issued for inventions claimed in covered applications expedited under the pilot program.
SECTION 5. REPORT TO CONGRESS
(a) General
Not later than 180 days after the date on which the pilot program terminates (including any renewal of the pilot program under subsection (f)(2)), the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that assesses the impact and effectiveness of the pilot program based on all available data.
(b) Applicability
The collection of any data for the purposes of carrying out paragraph (1) shall be exempt from subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ‘‘Paperwork Reduction Act’’).
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