IP Law Daily, PATENT NEWS: Legislators introduce bill for expedited patent examination with emerging technologies, (May 28, 2025)

By Brian Craig, J.D.

The bill includes a pilot program that ensures prompt consideration of covered applications, potentially waiving fees and streamlining the process.

In an attempt to expedite the process for obtaining patent protection for critical and emerging technologies and artificial intelligence (AI), senators have introduced the Leadership in Critical and Emergency Technology (CET) Act. The proposed legislation, sponsored by Senators Marsha Blackburn (R-Tenn.) and Peter Welch (D-Vt.), and U.S. Representatives Lance Gooden (R-Texas) and Deborah Ross (D-N.C.), would implement a pilot program to expedite the examination of 15,000 patent applications pertaining to certain capabilities in artificial intelligence, semiconductor design, and quantum information science (Leadership in Critical and Emergency Technology (CET) Act, S. 5537, 119th Cong. (2025)).

Key provisions. The legislation would require the Under Secretary of Commerce for Intellectual Property and Director of the USPTO to establish and carry out a pilot program to expedite the examination of 15,000 patent applications pertaining to certain capabilities in artificial intelligence, semiconductor design, and quantum information science. The bill applies only to U.S.-based inventors and prevents foreign entities from participating in the program. In addition, the bill provides the USPTO a one-time reauthorization authority if deemed necessary and require the USPTO Director to submit a report to Congress assessing the impact and effectiveness of the pilot program based on all available data following the program’s termination. The pilot program would continue for five years with the option to renew it for another five years.

Comments by legislators. The bill has received bipartisan support from legislators and industry groups. “The United States cannot afford to fall behind to the Chinese Communist Party in the research and development of critical and emerging technology,” said Senator Blackburn. “My bipartisan Leadership in CET Act would expedite the patent review process to ensure we regain our competitive edge.”

“China has made significant strides in emerging technologies like artificial intelligence and is working rapidly to surpass the United States as a world leader in the field. Accelerating our research and development in critical technologies is a vital step to maintaining our leadership on the world stage,” said Senator Welch. “Our bipartisan bill will boost our competitiveness and ensure we’re at the forefront of setting global standards for emerging technologies.”

“The Leadership in CET Act will secure American global dominance in transformative technologies like AI and semiconductors, said Congressman Gooden. “Through streamlining patent approvals, we will foster innovation and drive progress in these critical fields.”

This legislation is endorsed by the High Tech Inventors Alliance, the Innovation Alliance, and the Computer & Communications Industry Association.

Response to China. Senators introduced the measure in response to China’s actions concerning emergency technologies, including AI-related patents. China has significantly strengthened its research and development efforts and now leads the world in 57 of 64 critical technologies. This is an increase from 52 technologies in 2021 and a drastic leap from the mid-2000s, when China was leading in just three. The U.S. historically has been the world’s dominant research power, leading in research for 60 out of 64 technologies from 2003-2007. Chinese President Xi Jinping, through a series of government proclamations, has accelerated fundamental scientific research so it can become self-reliant in critical technologies. In 2022, Chinese institutions applied for 29,853 AI-related patents—almost 80% more than U.S. filings. In 2024, China was listed as a high risk to monopolize 24 critical and emerging technology areas.

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