Prohibiting Adversarial Patents Act of 2026
- Bill Number
- H.R. 9142
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2026-06-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T19:48:12Z
AI-Generated Summary
Purpose This legislation aims to restrict the issuance and enforcement of United States patents by certain foreign entities identified as posing national security risks, primarily those linked to the People's Republic of China.
Key Provisions
- Adds a new section 106 to chapter 10 of title 35, United States Code.
- Prohibits the issuance of a U.S. patent to any person (including subsidiaries, affiliates, successors, assigns, legal representatives, or privies) who:
- Appears on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Treasury Department's Office of Foreign Assets Control.
- Is identified as a Chinese military company in the most recent Department of Defense report under section 1260H of the National Defense Authorization Act for Fiscal Year 2021.
- Produces or provides communications equipment or services on the Federal Communications Commission's covered list under the Secure and Trusted Communications Networks Act of 2019.
- Renders any patent already issued to such a person unenforceable.
- Bars expedited patent review processes, including those under the Patent Prosecution Highway Program, for affected applicants.
- Authorizes the President to waive the prohibitions for successive 180-day periods upon a determination of no essential security interest, accompanied by a detailed report to the Senate and House Judiciary Committees at least 30 days in advance.
- Clarifies that the restrictions do not prevent the filing of patent applications, the standard examination of those applications, or the ownership and term of any resulting patents.
Significant Changes to Existing Law The bill introduces new national security-based restrictions on patent eligibility and enforceability that do not currently exist in title 35. It creates an explicit bar tied to specific government lists and reports, along with a presidential waiver mechanism and congressional notification requirements.
Potential Impacts
- Government agencies: Increases coordination among the U.S. Patent and Trademark Office, Treasury Department, Department of Defense, and Federal Communications Commission in applying and updating the referenced lists.
- Citizens and businesses: Limits the ability of targeted foreign entities to obtain or enforce U.S. patent rights, potentially affecting technology transfer and innovation involving those entities.
- International relations: May influence U.S. engagement with China and allied nations by linking patent access to security designations, while requiring waivers to remain consistent with international obligations.
Main Stakeholders Affected
- Entities on the specified Chinese military-industrial, defense, and communications lists.
- The U.S. Patent and Trademark Office.
- Executive branch agencies responsible for maintaining the relevant lists.
- Congress, through its oversight role in waiver notifications.
- U.S. patent applicants and owners connected to the restricted persons.
Notable Legal, Constitutional, or Political Implications The measure establishes a security-based exception to standard patent procedures, subject to presidential waiver authority with congressional reporting. It explicitly requires consistency with international obligations and does not alter basic application filing or ownership rights.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fitzgerald, Scott [R-WI-5]
Cosponsors (3)
Rep. Moolenaar, John R. [R-MI-2], Rep. Issa, Darrell [R-CA-48], Rep. Thompson, Bennie G. [D-MS-2]
Recent Actions
- 2026-06-04: Referred to the House Committee on the Judiciary.
- 2026-06-04: Introduced in House
- 2026-06-04: Introduced in House
Bill Versions
- Prohibiting Adversarial Patents Act of 2026 — issued 2026-06-04 — PDF (5 pages)