This legislation amends title 35 of the United States Code to limit the ability of persons posing a national security threat to receive and enforce patents. Specifically, it prohibits the issuance of new U.S. patents and renders any existing U.S. patents unenforceable for entities identified on certain government lists. These lists include the Non-SDN Chinese Military-Industrial Complex Companies List , those identified as Chinese military companies in annual defense reports, or producers of communications equipment on the FCC's Secure and Trusted Communications Networks Act list . Furthermore, it prevents any expedited review of patent applications filed by such entities. A presidential waiver is possible for these prohibitions, allowing for successive periods of up to 180 days. To grant a waiver, the President must determine that there is no essential security interest in applying the prohibition and submit a detailed rationale to Congress at least 30 days prior. The bill clarifies that these restrictions do not affect an entity's ability to file a patent application, the examination process (excluding expedited review), or the ownership and term of any patents already held. The President must also ensure that any waivers granted are consistent with international obligations.
This legislation amends title 35 of the United States Code to limit the ability of persons posing a national security threat to receive and enforce patents. Specifically, it prohibits the issuance of new U.S. patents and renders any existing U.S. patents unenforceable for entities identified on certain government lists. These lists include the Non-SDN Chinese Military-Industrial Complex Companies List , those identified as Chinese military companies in annual defense reports, or producers of communications equipment on the FCC's Secure and Trusted Communications Networks Act list . Furthermore, it prevents any expedited review of patent applications filed by such entities. A presidential waiver is possible for these prohibitions, allowing for successive periods of up to 180 days. To grant a waiver, the President must determine that there is no essential security interest in applying the prohibition and submit a detailed rationale to Congress at least 30 days prior. The bill clarifies that these restrictions do not affect an entity's ability to file a patent application, the examination process (excluding expedited review), or the ownership and term of any patents already held. The President must also ensure that any waivers granted are consistent with international obligations.