Foreign Adversary Patent Disclosure Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9143 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9143

 To amend title 35, United States Code, to require the Director of the 
  United States Patent and Trademark Office to require disclosures in 
 patent applications regarding ties to the People's Republic of China 
         and other foreign adversaries, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2026

Mr. Fitzgerald introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 35, United States Code, to require the Director of the 
  United States Patent and Trademark Office to require disclosures in 
 patent applications regarding ties to the People's Republic of China 
         and other foreign adversaries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Adversary Patent Disclosure 
Act''.

SEC. 2. DISCLOSURES IN PATENT APPLICATIONS REGARDING TIES TO THE 
              PEOPLE'S REPUBLIC OF CHINA AND OTHER FOREIGN ADVERSARIES.

    (a) Disclosures in Patent Applications Regarding Ties to People's 
Republic of China and Other Foreign Adversaries.--Section 111 of title 
35, United States Code, is amended by adding at the end the following:
    ``(d) Disclosures Regarding Ties to People's Republic of China and 
Other Foreign Adversaries.--
            ``(1) Disclosure.--The Director shall require each person 
        submitting an application for patent under subsection (a), or a 
        provisional application for a patent under subsection (b), to 
        disclose in the application the identity of each person with an 
        ownership interest in the invention being claimed that in the 5 
        years before submitting such application--
                    ``(A) was employed by an entity subject to 
                ownership or control by a foreign adversary;
                    ``(B) received funding from a state-affiliated 
                research fund or talent recruitment program associated 
                with a foreign adversary; or
                    ``(C) received any other financial incentive from a 
                foreign adversary related to the application, grant, or 
                enforcement of a patent.
            ``(2) Request for true copies.--
                    ``(A) In general.--After reviewing any disclosure 
                made by an applicant in accordance with paragraph (1), 
                the Director may (as the Director determines 
                appropriate) request such applicant provide true copies 
                of any contractual or financial obligation or other 
                agreement specific to such disclosure.
                    ``(B) Confidentiality.--Any true copy provided to 
                the Director under subparagraph (A) may be kept 
                confidential and separate from the file wrapper of the 
                patent application.
            ``(3) Exemption.--Any applicant who is a small business 
        concern and is subject to disclosures pursuant to subsection 
        (g) or (o) of section 9 of the Small Business Act (15 U.S.C. 
        638) shall be exempt from making the disclosure required by 
        paragraph (1).
            ``(4) Foreign adversary defined.--In this subsection, the 
        term `foreign adversary' means--
                    ``(A) the People's Republic of China, including all 
                Special Administrative Regions;
                    ``(B) the Republic of Cuba;
                    ``(C) the Islamic Republic of Iran;
                    ``(D) the Democratic People's Republic of Korea; 
                and
                    ``(E) the Russian Federation.''.
                                 <all>