Prohibiting Adversarial Patents Act of 2026

Patent limits for security-listed entities

If enacted, this bill would bar U.S. patents from being issued to any person (and their subsidiaries, affiliates, successors, assigns, legal representatives, or privies) while that person is on one of three named national-security lists. Those lists are the OFAC NS-CMIC list (under Executive Order 13959 or successor orders), the Chinese military companies list required by section 1260H, and the FCC list under the Secure and Trusted Communications Networks Act. Any U.S. patent owned by a listed person would be unenforceable for as long as the listing continues, even if the patent was issued before enactment. The bill would also block expedited patent review, including Patent Prosecution Highway processing, for applications from listed persons, but it would not stop filing or change patent ownership or patent term. The President could grant waivers for up to 180 days at a time, renewable, only after making the required security finding and sending a report to the House and Senate Judiciary Committees at least 30 days before the waiver; waivers must follow international obligations.