In a notice published in the Federal Register (84 Fed. Reg. 17809) on April 26, the U.S. Patent and Trademark Office invited the public to provide comments and attend public hearings on the participation of women, minorities, and veterans in entrepreneurship activities and the patent system.  The Office intends to use the information it receives to prepare a study as required by the Study of Underrepresented Classes Chasing Engineering and Science (SUCCESS) Act.

The SUCCESS Act (Public Law No. 115-273), which was enacted on October 31, 2018, directs the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, in consultation with the Administrator of the U.S. Small Business Administration (SBA), to study and report to Congress on the number of patents applied for and obtained: (1) by women, minorities, and veterans; and (2) by small businesses owned by women, minorities, and veterans, as well as provide legislative recommendations to increase the number of women, minorities, and veterans who participate in entrepreneurship activities and apply for patents.  The USPTO's report must be submitted to Congress no later than October 31, 2019.  (The SUCCESS Act also amended the Leahy-Smith America Invents Act to extend the authority of the USPTO to set and adjust patent fees by eight years.)

As part of the Office's information gathering process, the Office will be holding three public hearings.  The first public hearing will be held in Alexandria, VA, on May 8, 2019 from 9 am to 4 pm (EST); the second public hearing will be held in Detroit, MI, on May 16, 2019 from 9 am to 4 pm (EST); and the third public hearing will be held in San Jose, CA, on June 3, 2019 from 9 am to 4 pm (PST).  The public hearings will also be available via webcast, with information about the webcast to be posted here prior to the public hearing.

Although the deadline to request an opportunity to give oral testimony at the hearings has passed, the Office is also requesting that the public provide written comments.  The deadline for submitting written comments is June 30, 2019.  Written comments, which should be identified as concerning the "SUCCESS Act Study," should be sent by email to successact@uspto.gov, or by regular mail addressed to Office of the Chief Economist, Mail Stop OPIA, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.  According to the Office's notice, the Office is seeking public comment on, inter alia, the following questions:

(1) What public data are available to identify the number of patents applied for and obtained by women, minorities and veterans?

(2) What public data are available to assess the social and private benefits that result from increasing the number of patents applied for and obtained by women, minorities, and veterans, as well as small businesses owned by these groups?

(3) What social and private benefits would you identify as resulting from increasing the number of patents applied for and obtained by women, minorities, and veterans?

(4) What social and private benefits to small businesses owned by women, minorities, and veterans would you identify as resulting from increasing the number of patents applied for and obtained by those businesses?

(5) Should the USPTO collect demographic information on patent inventors at the time of patent application, and why?

(6) To what extent, if at all, do educational and professional circumstances affect the ability of women, minorities, and veterans to apply for and obtain patents or to pursue entrepreneurial activities?

(7) To what extent, if at all, do socioeconomic factors facilitate or hinder the ability of women, minorities, and veterans to apply for and obtain patents or to pursue entrepreneurial activities?

(8) What entities or institutions, if any, should or should not play an active role in promoting the participation of women, minorities, and veterans in the patent system and entrepreneurial activities?

(9) What public policies, if any, should the Federal Government explore in order to promote the participation of women, minorities, and veterans in the patent system and entrepreneurial activities?  Are there any public policies that the Federal Government should not explore?

(10) What action could USPTO take to address the participation of women, minorities, and veterans in the patent system and entrepreneurial activities?

(11) Are there policies, programs, or other targeted activities shown to be effective at recruiting and retaining women, minorities, and veterans in innovative and entrepreneurial activities?  Are there policies, programs, or other targeted activities that have proved ineffective?