§2.Pilot program for expediting examination of certain critical and emerging technology patent applications
This section establishes a pilot program at the United States Patent and Trademark Office (USPTO) to expedite examination of covered patent applications—defined as noncontinuing, nonprovisional applications for original utility patents claiming at least one invention in eligible critical or emerging technologies—using petitions to make special under 35 U.S.C. §131. Eligible technologies include specified artificial intelligence capabilities (i.e., machine learning, deep learning, reinforcement learning, sensory perception, AI assurance techniques, foundation models, generative AI or large language models, synthetic data approaches, planning/reasoning/decision making, or AI safety/trust/security improvements); semiconductor design or electronic design automation tools; and quantum information science capabilities (i.e., quantum computing, materials/isotopes/fabrication for quantum devices, quantum sensing, or quantum communications/networking). (As background, standard USPTO patent examination typically takes two to three years; this program prioritizes national security- and competitiveness-related technologies to accelerate issuance.)
The USPTO Director must establish the program within one year of enactment, with the purpose of promoting U.S. innovation and leadership in these technologies through prompt consideration. To qualify, applicants must not be foreign entities of concern (as defined in 15 U.S.C. §4651), certify that no inventor or joint inventor has been named on more than four prior covered applications under the program, and meet other Director-prescribed conditions; the Director may waive petition fees or other accelerated/prioritized examination requirements, prescribe participation rules (e.g., on restrictions, reply periods, amendments, appeals, withdrawals), and consult specified federal agencies including the Attorney General, Secretary of Defense, and Director of National Intelligence.
The program terminates on the earlier of five years after the first covered application is accepted or after 15,000 covered applications are accepted (regardless of whether expedited). The Director may renew it for the shorter of an additional five years or until another 15,000 applications are accepted, with notice to the Senate and House Judiciary Committees.