Inventor Diversity for Economic Advancement Act of 2021 (IDEA Act) — Bill (117th Congress)
Summary
This bill text for the 117th Congress, the Inventor Diversity for Economic Advancement Act of 2021 or IDEA Act, lists Ms. Velázquez as introducing it. It would amend chapter 11 of title 35, United States Code, to require the Director to provide for the voluntary collection of demographic information, including gender, race and military or veteran status, for each inventor listed with an application for patent. The Director would keep the information confidential and separate from the application, and it would not be made available to examiners. Not later than January 31 of each year, the Director would make publicly available a report on patent applications and patents disaggregated by that information. The Director would also submit a biennial report to Congress.
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Cite this document
“Inventor Diversity for Economic Advancement Act of 2021 (IDEA Act) — Bill (117th Congress).”
Original at democrats-smallbusiness.house.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/3593-2021-03-09-chairwoman-vel-zquez-senators-hirono-and-tillis-an-att-c60538d8e4/
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(Original Signature of Member)
H. R. ll
117TH CONGRESS
1ST SESSION
To amend chapter 11 of title 35, United States Code, to require the voluntary
collection of demographic information for patent inventors, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
Ms. VELÁZQUEZ introduced the following bill; which was referred to the
Committee on llllllllllllll
A BILL
To amend chapter 11 of title 35, United States Code, to
require the voluntary collection of demographic informa-
tion for patent inventors, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Inventor Diversity for
5 Economic Advancement Act of 2021’’ or the ‘‘IDEA Act’’.
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1 SEC. 2. COLLECTION OF DEMOGRAPHIC INFORMATION FOR
2 PATENT INVENTORS.
3 (a) AMENDMENT.—Chapter 11 of title 35, United
4 States Code, is amended by adding at the end the fol-
5 lowing:
6 ‘‘§ 124. Collection of demographic information for
7 patent inventors
8 ‘‘(a) VOLUNTARY COLLECTION.—The Director shall
9 provide for the collection of demographic information, in-
10 cluding gender, race, military or veteran status, and any
11 other demographic category that the Director determines
12 appropriate, related to each inventor listed with an appli-
13 cation for patent, that may be submitted voluntarily by
14 that inventor.
15 ‘‘(b) PROTECTION OF INFORMATION.—The Director
16 shall—
17 ‘‘(1) keep any information submitted under sub-
18 section (a) confidential and separate from the appli-
19 cation for patent; and
20 ‘‘(2) establish appropriate procedures to en-
21 sure—
22 ‘‘(A) the confidentiality of any information
23 submitted under subsection (a); and
24 ‘‘(B) that demographic information is not
25 made available to examiners or considered in
26 the examination of any application for patent.
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1 ‘‘(c) RELATION TO OTHER LAWS.—
2 ‘‘(1) FREEDOM OF INFORMATION ACT.—Any
3 demographic information submitted under subsection
4 (a) shall be exempt from disclosure under section
5 552(b)(3) of title 5.
6 ‘‘(2) FEDERAL INFORMATION POLICY LAW.—
7 Subchapter I of chapter 35 of title 44 shall not
8 apply to the collection of demographic information
9 under subsection (a).
10 ‘‘(d) PUBLICATION OF DEMOGRAPHIC INFORMA-
11 TION.—
12 ‘‘(1) REPORT REQUIRED.—Not later than Jan-
13 uary 31 of each year, the Director shall make pub-
14 licly available a report that, except as provided in
15 paragraph (3)—
16 ‘‘(A) includes the total number of patent
17 applications filed during the previous year
18 disaggregated—
19 ‘‘(i) by demographic information de-
20 scribed in subsection (a); and
21 ‘‘(ii) by technology class number,
22 technology class title, country of residence
23 of the inventor, and State of residence of
24 the inventor in the United States;
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1 ‘‘(B) includes the total number of patents
2 issued during the previous year disaggregated—
3 ‘‘(i) by demographic information de-
4 scribed in subsection (a); and
5 ‘‘(ii) by technology class number,
6 technology class title, country of residence
7 of the inventor, and State of residence of
8 the inventor in the United States; and
9 ‘‘(C) includes a discussion of the data col-
10 lection methodology and summaries of the ag-
11 gregate responses.
12 ‘‘(2) DATA AVAILABILITY.—In conjunction with
13 issuance of the report under paragraph (1), the Di-
14 rector shall make publicly available data based on
15 the demographic information collected under sub-
16 section (a) that, except as provided in paragraph
17 (3), allows the information to be cross-tabulated to
18 review subgroups.
19 ‘‘(3) PRIVACY.—The Director—
20 ‘‘(A) may not include personally identifying
21 information in—
22 ‘‘(i) the report made publicly available
23 under paragraph (1); or
24 ‘‘(ii) the data made publicly available
25 under paragraph (2); and
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1 ‘‘(B) in making publicly available the re-
2 port under paragraph (1) and the data under
3 paragraph (2), shall anonymize any personally
4 identifying information related to the demo-
5 graphic information collected under subsection
6 (a).
7 ‘‘(e) BIENNIAL REPORT.—The Director shall submit
8 to Congress a biennial report that evaluates the data col-
9 lection process under this section, ease of access to the
10 information by the public, and recommendations on how
11 to improve data collection.’’.
12 (b) TECHNICAL AND CONFORMING AMENDMENT.—
13 The table of sections at the beginning of chapter 11 of
14 title 35, United States Code, is amended by adding at the
15 end the following:
‘‘124. Collection of demographic information for patent inventors’’.
16 (c) DEADLINE FOR BIENNIAL REPORT.—Not later
17 than 2 years after the date of enactment of this Act, and
18 every 2 years thereafter, the Under Secretary of Com-
19 merce for Intellectual Property and Director of the United
20 States Patent and Trademark Office shall submit to Con-
21 gress the biennial report required under section 124(e) of
22 title 35, United States Code, as added by subsection (a).
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