What does Preamble of Prohibiting Adversarial Patents Act of 2026 do?

This bill proposes to amend title 35 of the United States Code. The stated purpose is to limit the ability of individuals who pose a threat to national security from receiving and enforcing patents.

What does SHORT TITLE. of Prohibiting Adversarial Patents Act of 2026 do?

This bill is formally titled the Prohibiting Adversarial Patents Act of 2026.

What does LIMITATION ON ABILITY OF PERSONS WHO POSE A THREAT TO NATIONAL of Prohibiting Adversarial Patents Act of 2026 do?

This section amends title 35 of the United States Code to limit the ability of individuals posing a national security threat to receive and enforce patents. A patent cannot be issued to a person if they are listed on the NS-CMIC List, identified as a Chinese military company in a specific report, or produce/provide communications equipment on a particular FCC list. Patents issued to individuals meeting these criteria are unenforceable. Expedited patent review processes, such as the Patent Prosecution Highway Program, cannot be used for applications filed by these individuals. The President has the authority to waive these prohibitions for periods not exceeding 180 days, subject to specific reporting requirements to Congress. The waiver process requires a detailed rationale, description of the activity leading to the listing, an assessment of national security significance, and an explanation of efforts to secure cooperation from relevant governments. The application of this prohibition or any waiver does not affect the ability to file a patent application, the examination of an application, or the ownership or term of an existing patent.

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Prohibiting Adversarial Patents Act of 2026

Last updated: 6/4/2026 · Introduced: 6/4/2026

Author: Scott Fitzgerald (R-WI)

TL;DR (AI)

This bill prevents individuals listed on specific national security threat lists from obtaining and enforcing patents.
The bill prohibits the use of expedited patent review processes for patent applications filed by individuals posing a national security threat.
The President can temporarily waive these prohibitions for up to 180 days with congressional reporting requirements.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 1 more.

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