SenateS. 5610119th Congress

Prohibiting Adversarial Patents Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5610 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5610

To amend title 35, United States Code, to limit the ability of persons 
that pose a threat to national security to receive and enforce patents, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

  Mrs. Moody introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 35, United States Code, to limit the ability of persons 
that pose a threat to national security to receive and enforce patents, 
                        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 ``Prohibiting Adversarial Patents Act 
of 2026''.

SEC. 2. LIMITATION ON ABILITY OF PERSONS THAT POSE A THREAT TO NATIONAL 
              SECURITY TO RECEIVE AND ENFORCE PATENTS.

    (a) In General.--Chapter 10 of title 35, United States Code, is 
amended by adding at the end the following:
``Sec. 106. Limitation on ability of persons that pose a threat to 
              national security to receive and enforce patents
    ``(a) Limitation.--Notwithstanding any other provision of law--
            ``(1) a person may not be issued a United States patent for 
        an invention if that person (or any subsidiary, affiliate, 
        successor, assign, legal representative, or privy of that 
        person)--
                    ``(A) is on the Non-SDN Chinese Military-Industrial 
                Complex Companies List (NS-CMIC List) maintained by the 
                Office of Foreign Assets Control of the Department of 
                the Treasury pursuant to Executive Order 13959 (50 
                U.S.C. 1701 note; relating to addressing the threat 
                from securities investments that finance communist 
                Chinese military companies), or any successor order;
                    ``(B) is on the list of Chinese military companies 
                operating in the United States required by section 
                1260H of the William M. (Mac) Thornberry National 
                Defense Authorization Act for Fiscal Year 2021 (10 
                U.S.C. 113 note; Public Law 116-283); or
                    ``(C) produces or provides communications equipment 
                or service on the list published by the Federal 
                Communications Commission under section 2(a) of the 
                Secure and Trusted Communications Networks Act of 2019 
                (47 U.S.C. 1601(a));
            ``(2) any United States patent (whether issued before, on, 
        or after the date of enactment of this section) shall be 
        unenforceable during any period in which the person to which 
        the patent is issued is as described in paragraph (1); and
            ``(3) no procedure, including any procedure under the 
        Patent Prosecution Highway Program, may be used to conduct an 
        expedited review an application for a patent filed by a person 
        described in paragraph (1).
    ``(b) Waiver.--
            ``(1) In general.--The President may waive the application 
        of the prohibition under subsection (a) with respect to a 
        person for successive periods of not more than 180 days each if 
        the President--
                    ``(A) determines that there is not an essential 
                security interest in applying the prohibition under 
                subsection (a) with respect to that person; and
                    ``(B) submits, not fewer than 30 days before 
                waiving that prohibition, a report to the Committee on 
                the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives containing--
                            ``(i) a specific and detailed rationale for 
                        the determination that there is not an 
                        essential security interest in applying the 
                        prohibition with respect to that person;
                            ``(ii) a description of the activity that 
                        resulted in the person being included on a list 
                        or in a report described in subparagraph (A), 
                        (B), or (C) of subsection (a)(1);
                            ``(iii) an assessment of the significance 
                        of the activity described in clause (ii) to the 
                        national security interests of the United 
                        States or allies of the United States; and
                            ``(iv) an explanation of any effort made by 
                        the United States to secure the cooperation of 
                        the government with primary jurisdiction over 
                        the person, or of the location in which the 
                        activity described in clause (ii) occurred, to 
                        terminate, as appropriate, or penalize that 
                        activity.
            ``(2) Consistency with international obligations.--The 
        President shall ensure that, in granting any waiver under this 
        subsection, the President exercises that authority in a manner 
        that is consistent with international obligations.
    ``(c) No Effect on Patent Application; Ownership and Term of 
Patent.--The application of the prohibition under subsection (a), or 
the grant of any waiver under subsection (b), to a person shall not 
affect--
            ``(1) the ability of that person to file a patent 
        application;
            ``(2) except as provided in subsection (a)(3), the 
        examination of any patent application filed by that person; or
            ``(3) the ownership or term of any patent owned by that 
        person.''.
    (b) Clerical Amendment.--The table of sections for chapter 10 of 
title 35, United States Code, is amended by inserting after the item 
relating to section 105 the following:

``106. Limitation on ability of persons that pose a threat to national 
                            security to receive and enforce patents.''.
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