Overview

Title

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.

ELI5 AI

The bill wants to ask inventors of new ideas if they want to share information about themselves, like if they're a boy or girl, their background, or if they were in the army. This is to help understand different inventors, and the information must be kept safe and not mixed with their inventions.

Summary AI

S. 4713 aims to amend U.S. law to facilitate the voluntary collection of demographic information from patent inventors. The bill requires the Director to collect this data, including gender, race, and veteran status, from inventors who choose to provide it. It mandates that all collected information remains confidential and separate from patent applications and exempts it from certain public disclosure laws. A report detailing this demographic data, anonymized and disaggregated by technology class and inventor's state, must be published annually and biennially evaluated.

Published

2024-07-11
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-07-11
Package ID: BILLS-118s4713is

Keywords AI

demographic data patent inventors privacy concerns idea act confidentiality data collection united states code anonymization reporting requirements voluntary participation

Sources

Bill Statistics

Size

Sections:
3
Words:
1,113
Pages:
6
Sentences:
25

Language

Nouns: 313
Verbs: 82
Adjectives: 56
Adverbs: 17
Numbers: 45
Entities: 62

Complexity

Average Token Length:
4.33
Average Sentence Length:
44.52
Token Entropy:
4.83
Readability (ARI):
24.54

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the "Inventor Diversity for Economic Advancement Act of 2024" or the "IDEA Act," seeks to amend chapter 11 of title 35 of the United States Code. The primary purpose of the bill is to authorize the voluntary collection of demographic information from inventors in the United States, as part of the patent application process. This data, which includes demographic categories such as gender, race, and veteran status, would be kept confidential and separate from the patent application itself. The collected data would be used to publish aggregated reports to provide insight into trends among patent inventors, while also ensuring privacy through the anonymization of sensitive information.

Summary of Significant Issues

Several significant issues arise from this bill, primarily centered around privacy concerns and procedural ambiguities:

  1. Privacy Concerns:

  2. The collection of personal demographic data raises potential privacy issues. Although the bill emphasizes confidentiality and anonymization, the vagueness of these processes could result in inadequate protection of sensitive information.

  3. Ambiguity in Data Collection:

  4. The bill gives the Director the discretion to define "any other demographic category" for collection, which could lead to inconsistency in data collection practices. This lack of specificity may result in arbitrary data collection methods and potential overreach.

  5. Funding and Implementation:

  6. The bill does not specify a designated budget or resources for implementing the data collection system. This omission could lead to financial uncertainties or excessive spending during execution.

  7. Procedural Clarity and Oversight:

  8. Terms such as "reasonable efforts" for avoiding repeated data collection and "appropriate procedures" for ensuring confidentiality lack detailed guidelines. This lack of clarity could affect the system’s efficiency and reliability. Moreover, the bill does not outline mechanisms for oversight or external audits, raising concerns about accountability.

Impact on the Public

Broadly, the bill could influence public understanding of diversity among U.S. patent inventors. The collected data could shed light on demographic trends, potentially informing policy decisions and efforts to enhance diversity in innovation sectors. For the general public, the publication of annual reports might increase transparency and awareness regarding who contributes to technological advancements in the United States.

Impact on Specific Stakeholders

  1. Inventors:

  2. The bill could positively impact inventors from underrepresented groups by highlighting diversity gaps and encouraging initiatives to address these issues. However, concerns about data privacy might discourage some inventors from participating voluntarily.

  3. Patent Offices:

  4. Patent offices might face operational challenges in implementing a system to collect and protect demographic data efficiently. The lack of a specified budget could exacerbate these challenges, requiring careful resource management.

  5. Policy Makers:

  6. For policymakers, the aggregated demographic data could be valuable for crafting and evaluating diversity policies within the innovation ecosystem. Understanding the demographic composition of inventors may help in tailoring initiatives that support inclusivity.

  7. Privacy Advocates:

  8. Organizations and individuals concerned with privacy rights might view the bill with skepticism. They may argue for stronger safeguards and clearer guidelines to ensure data is adequately protected and used responsibly.

In conclusion, while the IDEA Act aims to improve understanding of diversity among patent holders and potentially foster a more inclusive environment for inventors, it must address key issues concerning privacy and the specifics of implementation to achieve its intended goals effectively.

Issues

  • Potential privacy concerns regarding the collection and handling of personal demographic data, as outlined in sections 2(a), 2(b), 2(d), and 2(e). The anonymization process is vague and might not adequately protect sensitive information, particularly in cases where it cannot reasonably be anonymized.

  • The provision in section 2(a) allowing the Director to determine 'any other demographic category' for data collection lacks specificity. This could lead to arbitrary or inconsistent data collection practices, which raises concerns about overreach and privacy.

  • There is no specific budget or funding source mentioned in sections 2 or 124 for the implementation of the demographic data collection system. This could result in undefined or potentially excessive spending, impacting financial resources.

  • Ambiguity in the term 'reasonable efforts' in section 2(c)(2) regarding the avoidance of repeated data collection could lead to inconsistent implementation. This lack of clarity may affect the efficiency and effectiveness of the data collection process.

  • The bill lacks clear guidelines on the 'appropriate procedures' in section 2(b)(2) to ensure confidentiality and separation of demographic information. This might lead to variability and challenges in enforcement, impacting the protection of sensitive data.

  • Sections 2(f) and 124 highlight a lack of oversight or external audits of the data collection process, raising concerns about accountability and adherence to privacy standards. Additionally, the biennial report requirement lacks specific metrics for evaluating the effectiveness of the process.

  • Section 2(e)(3)(B) uses the vague phrase 'may omit' concerning information that cannot reasonably be anonymized. This subjectivity could lead to inconsistencies in how data is handled, potentially compromising privacy protection.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section gives the official short title of the act, which is the "Inventor Diversity for Economic Advancement Act of 2024" or the "IDEA Act".

2. Collection of demographic information for patent inventors Read Opens in new tab

Summary AI

The section outlines a new law requiring the Director to collect demographic information, such as gender and race, from inventors in the U.S. applying for patents, in a voluntary and confidential manner. The law also ensures that this information is kept separate from patent applications, is exempt from certain disclosure laws, and results in annual reports and data that maintain the privacy of inventors.

124. Collection of demographic information for patent inventors Read Opens in new tab

Summary AI

The bill section requires the Director to collect demographic information, like gender and race, from patent inventors in the U.S. on a voluntary basis, while keeping this information confidential and separate from patent applications. The Director must publish a public report with aggregated data every year, ensuring privacy by anonymizing personal information, and submit a biennial report to Congress evaluating the process and suggesting improvements.