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. GALLA-
GHER, Mr. LAMBORN, Mr. FRY, and Mr. MORAN) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 35, United State Code, to require the Direc-
tor 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 Representa-
tives 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 2023’’. 
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SEC. 2. DISCLOSURES IN PATENT APPLICATIONS REGARD-
ING TIES TO THE PEOPLE’S REPUBLIC OF 
CHINA AND OTHER FOREIGN ADVERSARIES. 
(a) DISCLOSURES
IN PATENT APPLICATIONS RE-
GARDING 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 COUN-
TRIES.— 
‘‘(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 ap-
plication the identity of each person with an owner-
ship interest in the invention being claimed that in 
the five years before submitting such application re-
ceived funding from— 
‘‘(A) a state-affiliated research fund associ-
ated with a foreign adversary; or 
‘‘(B) a talent recruitment program associ-
ated with a foreign adversary. 
‘‘(2) REQUEST FOR TRUE COPIES.— 
‘‘(A) IN
GENERAL.—After reviewing any 
disclosure made by an applicant in accordance 
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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 spe-
cific 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, in-
cluding all Special Administrative Regions; 
‘‘(B) the Republic of Cuba; 
‘‘(C) the Islamic Republic of Iran; 
‘‘(D) the Democratic People’s Republic of 
Korea; 
‘‘(E) the Russian Federation; and 
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‘‘(F) the Bolivarian Republic of Venezuela 
during any period of time during which 
Nichola´s Maduro is President of the Republic.’’. 
(b) PATENT BAR
FOR PERSONS WHO POSE
A 
THREAT TO NATIONAL SECURITY.— 
(1) IN
GENERAL.—Chapter 10 of title 35, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 106. Patent bar for persons who pose a threat to 
national security. 
‘‘Notwithstanding any other provision of law— 
‘‘(1) a person shall not receive a United States 
patent for an invention if that person (or any sub-
sidiary, affiliate, successor, assign, legal representa-
tive, or privy of such person)— 
‘‘(A) is identified, pursuant to section 
744.16 of title 15, Code of Federal Regulations 
(or any successor regulation), as a person rea-
sonably believed to be involved, or to pose a sig-
nificant risk of being or becoming involved, in 
activities contrary to the national security or 
foreign policy interests of the United States; 
‘‘(B) is an entity on the Non-SDN Chinese 
Military-Industrial Complex Companies List 
(NS–CMIC List) maintained by the Office of 
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Foreign Assets Control of the Department of 
the Treasury under Executive Order 14032 (86 
Fed. Reg. 30145; relating to addressing the 
threat from securities investments that finance 
certain companies of the People’s Republic of 
China), or any successor order; 
‘‘(C) is identified as a Chinese military 
company in the most recent annual report sub-
mitted pursuant to section 1260H of the Wil-
liam M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public 
Law 116–283; 10 U.S.C. 113 note); or 
‘‘(D) 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 Commu-
nications Networks Act of 2019 (47 U.S.C. 
1601(a)); and 
‘‘(2) any United States patent issued to a per-
son described under paragraph (1) shall be unen-
forceable.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 10 of title 35, United States Code, 
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is amended by inserting after the item relating to 
section 105 the following: 
‘‘106. Patent bar for persons who pose a threat to national security.’’. 
Æ 
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