Bill Overview
Title: Unleashing American Innovators Act of 2022
Description: This bill modifies the responsibilities of U.S. Patent and Trademark Office (PTO) satellite offices and addresses related issues. The bill increases the discount on patent-related fees for small and micro entities. An entity that falsely claims such a discount shall be subject to a fine, in addition to any other existing penalties. The bill also modifies the statutory purpose of PTO satellite offices to include (1) outreach activities targeting certain groups, such as low-income populations, veterans, and geographic groups that are underrepresented in patent filings; and (2) targeting patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds in the PTO's retention activities. For each satellite office established after January 1, 2023, the PTO must consider the office's proximity to anchor institutions (e.g., hospitals primarily serving veterans and institutions of higher education) and certain groups, such as low-income populations, veterans, and geographic groups that are underrepresented in patent filings. The PTO must establish (1) a satellite office in the southeastern United States within three years of this bill's enactment, (2) at least four community outreach offices throughout the United States within five years of this bill's enactment, and (3) a pilot program to help prospective first-time patent applicants assess the strengths and weaknesses of a potential patent application. The PTO must also (1) conduct and report to Congress a study on patent pro bono programs, including whether such programs are sufficiently serving prospective and existing participants; and (2) use the study's findings to update such pro bono programs.
Sponsors: Sen. Leahy, Patrick J. [D-VT]
Target Audience
Population: people who engage with or benefit from the USPTO and patent-related activities
Estimated Size: 100000000
- The bill primarily focuses on modifications within the U.S. Patent and Trademark Office with a potential impact on a wide range of people affiliated with or engaging with the patent system.
- Small and micro entities stand to benefit from increased discounts on patent-related fees, potentially encouraging more filings and innovation from these sectors.
- There is a geographic focus on underrepresented areas in patent filings which could result in better support and resources, affecting all regional areas considered underrepresented.
- Low-income populations, veterans, and other groups targeted for outreach activities and support stand to benefit directly from increased PTO activity and attention.
- Entities committing to false claims on patent discounts are subject to penalties, impacting those tempted to misuse the system.
- The PTO's emphasis on hiring from diverse economic, geographic, and demographic backgrounds suggests a broader potential impact on employment within the PTO.
Reasoning
- This policy has a broad scope, affecting various demographics and geographic locations within the United States.
- Small and micro entities are a key target, with potential financial benefits encouraging more patent filings, fostering innovation among smaller players.
- Underrepresented regions and demographic groups will receive targeted support, likely improving their participation in the patent ecosystem.
- Entities attempting to claim false discounts could face financial repercussions, though this applies only to those attempting to exploit the system.
- Veterans and low-income individuals might benefit from enhanced outreach and support, improving accessibility and educational resources.
- Efforts to diversify PTO employment may enhance workforce representation, providing opportunities for individuals from varied economic backgrounds.
Simulated Interviews
small business owner (Raleigh, NC)
Age: 45 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- The increased discounts on patent fees could significantly help my startup reduce costs.
- I'm optimistic about the new Southeastern office, it might offer more localized support.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 5 |
patent attorney (Austin, TX)
Age: 32 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- The policy is likely to increase the workload as more small entities can afford patent filing.
- It might help me tap into new client bases from underrepresented areas.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
engineer (Detroit, MI)
Age: 28 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- The focus on veterans and regional support could help hobby inventors like me who aren't in major tech hubs.
- I hope to see improved access to patent support services locally.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 4 |
software developer (San Francisco, CA)
Age: 39 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- Discounted fees could relieve financial pressures on our startup.
- I hope the community outreach offices prioritize tech startups.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
executive in a large tech company (Palo Alto, CA)
Age: 50 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 3/20
Statement of Opinion:
- The policy doesn't directly impact large companies much as our fee structure isn't changing significantly.
- We do benefit from a more diverse pool of PTO employees which could enhance the review process.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
academic researcher (Seattle, WA)
Age: 38 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- Access to improved patent support and outreach can enhance academic-commercial collaboration.
- It may lead to better IP management for our research projects.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 5 |
retired veteran (Birmingham, AL)
Age: 55 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 4/20
Statement of Opinion:
- Targeted outreach to veterans like me could open opportunities in consulting after retirement.
- Looking forward to quicker access to PTO resources.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
freelance IP consultant (Boston, MA)
Age: 41 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- Increased support to integrate patents in educational curriculums could expand my consulting work.
- The policy emphasizes systematic support which could streamline the patent education process.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 6 |
community organizer (Phoenix, AZ)
Age: 29 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This policy's community outreach aligns with my goals to boost tech innovation in underrepresented communities.
- It presents a chance to develop local patent literacy and engagement.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 5 |
retired engineer (Kansas City, MO)
Age: 62 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- Supporting diverse backgrounds in patenting processes can drive forward-thinking innovations.
- Retired professionals like me can contribute through part-time mentorship roles.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 5 |
Cost Estimates
Year 1: $75000000 (Low: $50000000, High: $100000000)
Year 2: $79000000 (Low: $52000000, High: $105000000)
Year 3: $83000000 (Low: $55000000, High: $110000000)
Year 5: $85000000 (Low: $57000000, High: $115000000)
Year 10: $90000000 (Low: $60000000, High: $120000000)
Year 100: $15000000 (Low: $10000000, High: $20000000)
Key Considerations
- The extent of innovation boosts resulting from more accessible patent services is uncertain.
- Outreach activities may influence the PTO’s operational capacity, depending on the success and engagement levels of targeted groups.
- The balance between costs incurred from discounts and potential increased filings driven by reduced fees needs careful monitoring.