S.Amdt. 6111

SA 6111, submitted by Mrs. Blackburn, aims to add a pilot program to bill S. 4784. This program is designed to speed up the examination of patent applications for specific critical and emerging technologies.

The purpose of this program is to ensure these applications get prompt consideration to encourage innovation and maintain United States leadership in these technology areas.

Eligible Technologies The program covers applications involving:

• Artificial intelligence, including machine learning, deep learning, reinforcement learning, foundation models, generative AI, large language models, and AI safety or security.
• Semiconductor design or electronic design automation tools.
• Quantum information science, such as quantum computing, sensing, communications, networking, and related fabrication techniques.

Key Provisions

• Expedited Process: The Director of the Office can move "covered applications" out of turn using a petition to make special.
• Qualifications: To qualify, the applicant cannot be a foreign entity of concern and must certify that the inventor has not been named on more than four other covered applications in the program. The application must also be a noncontinuing, nonprovisional application for an original utility patent.
• Director's Authority: The Director can set participation conditions, waive certain petition fees, and consult with various Federal agencies, including the Secretary of Defense and the Attorney General.
• Timeline and Limits: The program ends after 5 years or after 15,000 applications are accepted, whichever comes first. It may be renewed for another 5 years or another 15,000 applications.
• Accountability: The Director must make program data publicly available on the Office website and submit a report to the House and Senate Judiciary Committees assessing the program's effectiveness after it terminates.