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Prohibiting Adversarial Patents Act of 2026

USA119th CongressHR-9142| House 
| Updated: 6/4/2026
Scott Fitzgerald

Scott Fitzgerald

Republican Representative

Wisconsin

Cosponsors (3)
Darrell Issa (Republican)John R. Moolenaar (Republican)Bennie G. Thompson (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

HR 118-5475
Prohibiting Adversarial Patents Act of 2023
Jun 4, 2026
Introduced in House
Jun 4, 2026
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 118-5475
    Prohibiting Adversarial Patents Act of 2023


  • June 4, 2026
    Introduced in House


  • June 4, 2026
    Referred to the House Committee on the Judiciary.

Commerce

Prohibiting Adversarial Patents Act of 2026

USA119th CongressHR-9142| House 
| Updated: 6/4/2026
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 118-5475
Prohibiting Adversarial Patents Act of 2023
Jun 4, 2026
Introduced in House
Jun 4, 2026
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 118-5475
    Prohibiting Adversarial Patents Act of 2023


  • June 4, 2026
    Introduced in House


  • June 4, 2026
    Referred to the House Committee on the Judiciary.
Scott Fitzgerald

Scott Fitzgerald

Republican Representative

Wisconsin

Cosponsors (3)
Darrell Issa (Republican)John R. Moolenaar (Republican)Bennie G. Thompson (Democratic)

Judiciary Committee

Commerce

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted