I 

118TH CONGRESS 

1ST SESSION H. R. 5475 

To amend title 35, United State 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 

SEPTEMBER 14, 2023 

Mr. FITZGERALD (for himself, Mr. ISSA, Mr. LUETKEMEYER, Mr. GALLAGHER, Mr. LAMBORN, Mr. FRY, and Mr. MORAN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 35, United State 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prohibiting Adversarial 

5 Patents Act of 2023’’. 


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1 SEC. 2. DISCLOSURES IN PATENT APPLICATIONS REGARD2 ING TIES TO THE PEOPLE’S REPUBLIC OF 

3 CHINA AND OTHER FOREIGN ADVERSARIES. 

4 (a) DISCLOSURES IN PATENT APPLICATIONS RE5 GARDING TIES TO PEOPLE’S REPUBLIC OF CHINA AND

6 OTHER FOREIGN ADVERSARIES.—Section 111 of title 35, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(d) DISCLOSURES REGARDING TIES TO PEOPLE’S

10 REPUBLIC OF CHINA AND OTHER FOREIGN COUN11 TRIES.— 

12 ‘‘(1) DISCLOSURE.—The Director shall require 

13 each person submitting an application for patent 

14 under subsection (a), or a provisional application for 

15 a patent under subsection (b), to disclose in the ap16 plication the identity of each person with an owner17 ship interest in the invention being claimed that in 

18 the five years before submitting such application re19 ceived funding from— 

20 ‘‘(A) a state-affiliated research fund associ21 ated with a foreign adversary; or 

22 ‘‘(B) a talent recruitment program associ23 ated with a foreign adversary. 

24 ‘‘(2) REQUEST FOR TRUE COPIES.— 

25 ‘‘(A) IN GENERAL.—After reviewing any 

26 disclosure made by an applicant in accordance 


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1 with paragraph (1), the Director may (as the 

2 Director determines appropriate) request such 

3 applicant provide true copies of any contractual 

4 or financial obligation or other agreement spe5 cific to such disclosure. 

6 ‘‘(B) CONFIDENTIALITY.—Any true copy 

7 provided to the Director under subparagraph 

8 (A) may be kept confidential and separate from 

9 the file wrapper of the patent application. 

10 ‘‘(3) EXEMPTION.—Any applicant who is a 

11 small business concern and is subject to disclosures 

12 pursuant to subsection (g) or (o) of section 9 of the 

13 Small Business Act (15 U.S.C. 638) shall be exempt 

14 from making the disclosure required by paragraph 

15 (1). 

16 ‘‘(4) FOREIGN ADVERSARY DEFINED.—In this 

17 subsection, the term ‘foreign adversary’ means— 

18 ‘‘(A) the People’s Republic of China, in19 cluding all Special Administrative Regions; 

20 ‘‘(B) the Republic of Cuba; 

21 ‘‘(C) the Islamic Republic of Iran; 

22 ‘‘(D) the Democratic People’s Republic of 

23 Korea; 

24 ‘‘(E) the Russian Federation; and 


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1 ‘‘(F) the Bolivarian Republic of Venezuela 

2 during any period of time during which 

3 Nichola ́s Maduro is President of the Republic.’’. 

4 (b) PATENT BAR FOR PERSONS WHO POSE A

5 THREAT TO NATIONAL SECURITY.— 

6 (1) IN GENERAL.—Chapter 10 of title 35, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 106. Patent bar for persons who pose a threat to 

10 national security. 

11 ‘‘Notwithstanding any other provision of law— 

12 ‘‘(1) a person shall not receive a United States 

13 patent for an invention if that person (or any sub14 sidiary, affiliate, successor, assign, legal representa15 tive, or privy of such person)— 

16 ‘‘(A) is identified, pursuant to section 

17 744.16 of title 15, Code of Federal Regulations 

18 (or any successor regulation), as a person rea19 sonably believed to be involved, or to pose a sig20 nificant risk of being or becoming involved, in 

21 activities contrary to the national security or 

22 foreign policy interests of the United States; 

23 ‘‘(B) is an entity on the Non-SDN Chinese 

24 Military-Industrial Complex Companies List 

25 (NS–CMIC List) maintained by the Office of 


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1 Foreign Assets Control of the Department of 

2 the Treasury under Executive Order 14032 (86 

3 Fed. Reg. 30145; relating to addressing the 

4 threat from securities investments that finance 

5 certain companies of the People’s Republic of 

6 China), or any successor order; 

7 ‘‘(C) is identified as a Chinese military 

8 company in the most recent annual report sub9 mitted pursuant to section 1260H of the Wil10 liam M. (Mac) Thornberry National Defense 

11 Authorization Act for Fiscal Year 2021 (Public 

12 Law 116–283; 10 U.S.C. 113 note); or 

13 ‘‘(D) produces or provides communications 

14 equipment or service on the list published by 

15 the Federal Communications Commission under 

16 section 2(a) of the Secure and Trusted Commu17 nications Networks Act of 2019 (47 U.S.C. 

18 1601(a)); and 

19 ‘‘(2) any United States patent issued to a per20 son described under paragraph (1) shall be unen21 forceable.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions for chapter 10 of title 35, United States Code, 


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1 is amended by inserting after the item relating to 

2 section 105 the following: 

‘‘106. Patent bar for persons who pose a threat to national security.’’. 

Æ 


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