USPTO Announces Fast-Track Pilot for Semiconductor Tech Patents

The U.S. Patent and Trademark Office (USPTO) announced today that it is launching a pilot program to help promote semiconductor innovation by expediting examination for qualifying patents. The program is meant to support the objectives of President Biden’s Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, which was signed into law in August 2022.

The CHIPS and Science Act provided $280 billion in federal funding to encourage the domestic production of semiconductor products in the United States as well as to fund research and development projects in advanced technological fields like quantum computing and artificial intelligence. The law also provides for a $10 billion investment into the development of regional innovation and technology hubs and establishes other programs supporting science, technology, engineering and math (STEM) educational programs.

According to the Office’s press release today, it will begin accepting petitions for the program on December 1, 2023, and the pilot will run through December 2, 2024, “or until the USPTO accepts 1,000 grantable petitions, whichever is reached first.”

“The CHIPS and Science Act is a once-in-a generation opportunity to foster a new wave of American innovation, protect our national security, and preserve our global economic competitiveness,” said Secretary of Commerce Gina Raimondo in today’s press release.

Relevant applications will include those for inventions that “increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain.” Furthermore, the application “must contain at least one claim that covers a process or an apparatus for manufacturing a semiconductor device and that corresponds to one or more of the technical concepts within H10 (Semiconductor Devices; Electric Solid-State Devices Not Otherwise Provided For) or H01L (Semiconductor Devices Not Covered by Class H10) in the Cooperative Patent Classification (CPC) system.”

Qualifying applications “will be advanced out of turn for examination (accorded special status) until a first action. Applicants are not required to satisfy the current requirements of the accelerated examination program or the prioritized examination program to qualify,” added the press release.

“Fast tracking examination of patent applications related to semiconductor device manufacturing speeds bringing key innovations to market and strengthens our nation’s supply chain,” said USPTO Director Kathi Vidal.

“From innovations in phones to cars to other everyday devices, our goal with this program is to get more cutting-edge technologies into the hands of consumers faster while reducing our dependence on the foreign supply of semiconductor chips.”

The CHIPS and Science Act, especially the provisions aimed at promoting domestic manufacturing and R&D programs, was advanced in large part due to lawmakers’ concerns over China’s efforts to become a dominant technological force in the global economy. Indeed, both Chinese state media outlets and government officials have publicly excoriated the United States’ passage of the bill, calling America’s efforts to isolate China from global tech development regressive and evidence of a “growing lack of self-confidence” in America’s ability to compete fairly.

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