Prohibiting Adversarial Patents Act of 2026
Sponsored By: Representative Fitzgerald, Scott [R-WI-5]
Introduced
Summary
Blocks certain foreign entities tied to Chinese military or secure-telecom lists from receiving or enforcing U.S. patents on national security grounds. This bill would add a new Section 106 to Title 35 to create a national-security gate on patent issuance and enforcement.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Ban patents for certain foreign companies
If enacted, this bill would stop the U.S. Patent Office from issuing patents to persons on three national-security lists: the OFAC Non‑SDN Chinese Military‑Industrial Complex List, companies designated under section 1260H of the FY2021 NDAA, and the FCC Secure and Trusted Communications Networks list. Any United States patent issued to such a person would be unenforceable. The bill would also ban expedited patent reviews for those persons, including procedures under the Patent Prosecution Highway. The President could waive the bans for successive periods of up to 180 days, but only after sending a detailed report to the House and Senate Judiciary Committees at least 30 days before a waiver. The bill would still let those persons file patent applications and have applications examined (except for expedited review), and it would not change existing patent ownership or term.
Sponsors & CoSponsors
Sponsor
Fitzgerald, Scott [R-WI-5]
WI • R
Cosponsors
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 6/4/2026
Rep. Issa, Darrell [R-CA-48]
CA • R
Sponsored 6/4/2026
Rep. Thompson, Bennie G. [D-MS-2]
MS • D
Sponsored 6/10/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov