Sponsors (4)
The bill tightens patent access and expedited processing for entities tied to foreign military interests to protect national security, but it does so at the cost of reduced enforceability for some patent holders, potential delays for legitimate innovation, and added uncertainty for businesses.
U.S. national security / technology sector: Entities on OFAC's NS‑CMIC list are barred from obtaining U.S. patent rights and expedited patent review, reducing the risk that dual‑use or surveillance technologies tied to foreign military interests are rapidly transferred or commercialized.
Federal oversight actors and the public: The bill requires a presidential waiver process with committee notification and a documented national‑security rationale before exceptions, creating a formal oversight layer for any case-by-case relief.
Patent applicants and the USPTO process: Most applicants may still file and have applications examined (though not expedited), preserving basic administrative patent review and keeping patent examination channels open while limiting enforcement against listed actors.
U.S. inventors and licensees: Patents licensed or transferred to affiliates on the list could become unenforceable against those affiliates, reducing commercial rights and potentially causing significant revenue losses.
U.S. inventors and investors: Declaring patents unenforceable against listed entities shifts litigation and investment risk onto U.S. creators and licensors, which may reduce incentives to invest in and develop new technologies.
Lawful foreign-affiliated firms and U.S. partners: Barring expedited review for listed entities may delay legitimate, non‑threatening innovations, slowing commercialization timelines and raising costs for businesses that rely on faster patent processing.
Based on analysis of 2 sections of legislative text.
Declares patents held by specified OFAC/DoD/FCC‑listed entities unenforceable and bars them from expedited patent-review programs while allowing ordinary prosecution.
Bars certain companies tied to specified Chinese military, sanction, or FCC-listed communications entities from receiving enforceable U.S. patents and from using expedited patent-review programs, while still allowing them to file and have regular patent applications examined. The President can grant limited, successive waivers (up to 180 days each) after a 30-day report to Judiciary Committees and consistent with international obligations.
Official title: To amend title 35, United States Code, to limit the ability of persons who pose a threat to national security to receive and enforce patents, and for other purposes.
Introduced June 4, 2026 by Scott Fitzgerald · Last progress June 4, 2026