A bipartisian bill, the Leadership in Critical and Emerging Technologies Act (“Leadership in CET Act”), was recently introduced to Congress that proposes a USPTO initiative to accelerate review of patent applications in “stratically important” technological sectors.  The proposed bill identifies artificial intelligence, semiconductor design, and quantum computing as eligible categories, emphasizing their role in maintaining U.S. leadership in emerging technologies.  The initiative reflects broader policy efforts to support innovation through targeted administrative programs within the patent system.  

I.          The Leadership in Critical and Emerging Technologies (CET) Act.  Under the proposed bill, the USPTO would launch a limited-duration pilot program to expedite review of applications in specific fields, such as AI, semiconductors, or quantum computing.[1]  These applications would be accorded “special” status, meaning they are advanced out of turn for examination.[2]

The USPTO Director would be empowered to set up the mechanics of this fast-track process, including potentially waiving fees or other requirements normally associated with accelerated examination programs.[3]  However, participation in the program would be strictly limited in scope and time; the pilot would terminate after five years or once 15,000 expedited applications are received.  If the program terminates due to reaching the 15,000 application cap, the Director may renew the program at their discretion for the shorter of either: an additional five years or for an additional 15,000 expedited applications.[4]

The proposed bill also imposes certain eligibility safeguards.  First, it bars foreign “entities of concern” from participating in the program, which include those linked to terrorism, sanctioned by the U.S., controlled by adversarial governments, convicted under national security laws, or deemed a national security risk.[5]  Second, each inventor is limited to five total applications under the program.[6]  Third, only original, non-continuation applications qualify for the program.[7]  

II.        Key Takeaways.   The proposed Leadership in CET Act creates a strategic but time-constrained opportunity for innovators in critical technology sectors.  Interested companies should consider identifying high-value innovations that qualify for the program, while also establishing internal processes to manage the five-application-per-inventor limit.

[1] https://www.congress.gov/bill/119th-congress/house-bill/3539/text/ih?overview=closed&format=xml#:~:text=(c)%20Purpose.,covered%20applications%20receive%20prompt%20consideration.  

[2] Id.

[3] Id.

[4] Id.

[5] https://uscode.house.gov/view.xhtml?req=(title:15%20section:4651%20edition:prelim)

[6] https://www.congress.gov/bill/119th-congress/house-bill/3539/text/ih?overview=closed&format=xml#:~:text=(c)%20Purpose.,covered%20applications%20receive%20prompt%20consideration.  

[7] Id.