Tillis proposes bipartisan bill to modernize patent examinations, quality

A bipartisan bill offered by U.S. Sen. Thom Tillis (R-NC) aims to bolster the nation’s patent examination process, as well as the overall quality of patents issued by the federal government.

“If the United States is going to continue to be the world’s leading innovation economy, then we have to first make sure our patent system is strong and instills confidence,” Sen. Tillis said on Tuesday. “We only have strong patents when those patents are of the highest quality and meet all the requirements of patentability.” 

Sen. Tillis on Aug. 2 sponsored the Patent Examination and Quality Improvement Act of 2022, S. 4704, with original cosponsor U.S. Sen. Patrick Leahy (D-VT) to require the U.S. Comptroller General to submit a report regarding ways to improve the patent examination process at the U.S. Patent and Trademark Office (USPTO), according to the congressional record bill summary.

“I’m proud to introduce this measure with my good friend Senator Leahy to improve the quality of patent examinations and ensure that the USPTO issues strong patents,” said Sen. Tillis. “This legislation is a step further in continuing our work to strengthen our intellectual property rights.” 

If enacted, S. 4704 would evaluate prior and current initiatives and pilot programs related to the quality of patents, and evaluate the need for greater clarity in terms of what constitutes patent quality, the setting of patent quality metrics, and how the quality of work product performed by patent examiners is measured, according to a bill summary provided by Sen. Tillis’ staff. 

Additionally, S. 4704 would evaluate the need for recording examiner interviews via audio files or automated transcriptions, and how the assignment of patent applications to examiners is undertaken, the summary says.

The bill also would call for a study of any evidence of fraud in the patent application process and suggest ways to address such fraud.  

“I look forward to advancing legislative solutions that will help make sure that the patents that are issued are valid and to continuing my work supporting American creators and innovators,” Sen. Leahy said.

S. 4704 has been referred to the U.S. Senate Judiciary Committee for consideration.