Foreign Adversary Patent Disclosure Act

Bill Number

H.R. 9143

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

2026-06-29T14:44:58Z

AI-Generated Summary

Foreign Adversary Patent Disclosure Act (H.R. 9143)

Purpose

This legislation amends U.S. patent law to require applicants to disclose certain connections to designated foreign adversaries when filing patent applications with the United States Patent and Trademark Office (USPTO). The goal is to increase transparency regarding potential foreign influence in U.S. inventions.

Key Provisions

• Mandatory Disclosures: Patent applicants must identify any person with an ownership interest in the claimed invention who, in the five years before filing, was employed by an entity owned or controlled by a foreign adversary, received funding from a state-affiliated research fund or talent recruitment program linked to a foreign adversary, or obtained other financial incentives from a foreign adversary tied to the patent application, grant, or enforcement.
• Document Requests: The USPTO Director may request true copies of relevant contracts, financial obligations, or agreements after reviewing disclosures; these documents may be kept confidential and separate from the public patent file.
• Exemption: Small business concerns already subject to disclosure rules under subsections (g) or (o) of section 9 of the Small Business Act are exempt from the new requirements.
• Foreign Adversaries Defined: The term covers the People's Republic of China (including Special Administrative Regions), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Russian Federation.

Significant Changes to Existing Law

The bill adds a new subsection (d) to section 111 of title 35, United States Code, which governs patent application contents. This introduces a new disclosure obligation not previously required under U.S. patent statutes.

Potential Impacts

• Government Agencies: The USPTO would need to update application processes, review additional disclosures, and handle confidential documents, potentially increasing administrative workload.
• Citizens and Applicants: Inventors and entities with recent ties to listed countries must provide extra information; non-compliance could affect application processing.
• International Relations: The measure targets specific nations, which may influence patent filings from those countries or prompt reciprocal actions by foreign governments.

Main Stakeholders Affected

• Patent applicants and inventors with ownership interests.
• The USPTO and its Director.
• Small businesses (partially exempt).
• Entities or individuals linked to the listed foreign adversaries.

Notable Legal, Constitutional, or Political Implications

The requirements focus on foreign ties in intellectual property filings, raising considerations around national security screening in patent processes. The confidentiality provision for requested documents aims to protect sensitive information while allowing review.

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]

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

• Foreign Adversary Patent Disclosure Act — issued 2026-06-04 — PDF (4 pages)