H.R. 9142: Prohibiting Adversarial Patents Act of 2026

This legislation, known as the Prohibiting Adversarial Patents Act of 2026, aims to restrict certain individuals or entities from obtaining and enforcing patents in the United States, particularly those that are identified as posing a threat to national security. Below are the key provisions of the bill:

Limitation on Patent Issuance

• The bill prohibits the issuance of U.S. patents to individuals or entities that are classified as threats to national security. Specifically, this includes:
  • Entities identified on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the U.S. Department of the Treasury.
  • Organizations recognized as Chinese military companies in official reports to Congress.
  • Companies involved in producing or providing communications equipment or services that are deemed untrustworthy as listed by the Federal Communications Commission.

Enforcement of Patents

• Any patents that have been issued to individuals or entities classified as threats to national security will be declared unenforceable.
• There will be no expedited processes for these individuals or entities to have their patent applications reviewed.

Presidential Waiver

• The President of the United States has the authority to grant waivers to exempt certain individuals or entities from the restrictions outlined in the bill. This can occur for periods of up to 180 days, provided:
• The President determines that the restrictions are not essential to national security.
• The President submits a report detailing the rationale for the waiver and the associated national security considerations at least 30 days before granting it.

Effect on Patent Applications

• The legislation clarifies that despite the restrictions, entities prohibited from receiving patents will still have the ability to file applications. The examination of those applications will proceed, but the patents cannot be enforced if issued.
• The ownership or the duration of any patents held by these individuals or entities will not be affected by this legislation.

Clerical Amendment

As a final note, a clerical adjustment will be made to update the U.S. Code to include a reference to this new provision regarding the limitation on patent issuance related to national security threats.

Relevant Companies

• None found