35 U.S.C. § 28 Award of Certificates to Accelerate Certain Matters At the Patent and Trademark Office

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) DEFINITION.-In this section, the term "eligible entity" means an entity that-

(1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and

(2) meets the requirements specified by the Director.

(b) ESTABLISHMENT.-There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters:

(1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding.

(2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application.

(3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal.

(4) A matter identified by the Director.

(c) ADMINISTRATION.-The Director shall administer the competition established under subsection (b).

(d) APPLICATION.-An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.