Prohibiting Adversarial Patents Act of 2026
Restricts patent rights for people and organizations tied to specified national-security-related lists, with a limited presidential waiver option.
In the Senate Judiciary Committee since Sept. 30, 2026, 8 days after it was introduced. Most bills never leave committee.
- INTRODUCEDINTROSEP 30, 2026
- COMMITTEECOMM.IN COMMITTEE
- SENATESENATE—
- HOUSEHOUSE—
- LAWLAW—
What the bill would do, and why it matters
Patents give inventors legal rights over their inventions. This proposal would restrict certain people and organizations tied to specified national-security-related lists from receiving or enforcing U.S. patents. It would also block their use of expedited patent review, while allowing the President to waive the restrictions under specified conditions.
- INTRODUCED ONLY This bill has been introduced and possibly referred to a committee, but it has not passed any vote. Most introduced bills never become law — they die in committee without a hearing.
- DATA NOTE No Congressional Research Service summary was available.
- Restricts patents for listed persons
A person could not receive a U.S. patent if they, or a subsidiary, affiliate, successor, assign, legal representative, or privy, are on specified U.S. government lists concerning Chinese military companies or produce or provide communications equipment or services on an FCC list.
- Makes covered patents unenforceable
Any U.S. patent, including one issued before the law took effect, would be unenforceable while its owner is a person covered by the restrictions.
- Limits expedited patent review
A covered person could not use an expedited review procedure, including the Patent Prosecution Highway Program. The person could still file a patent application, and the bill says the restrictions would not change patent ownership or term.
- Allows limited presidential waivers
The President could waive the restrictions for a person in successive periods of up to 180 days if the President determines there is no essential security interest in applying them. At least 30 days before a waiver, the President would have to send both congressional Judiciary Committees a report explaining the decision and related activity.
The bill’s stated purpose is to limit the ability of people who pose a threat to national security to receive and enforce patents. Its approach would link access to U.S. patent rights to specified government lists and communications equipment or services identified by the FCC.
The restrictions could affect both future patent rights and the enforceability of patents already issued. The waiver process would provide a route for the President to exempt a person when the specified security determination is made.
Written from the bill text.
The path it took, step by step
- IntroducedSEP 30, 2026SENATESEP 30, 2026By Sen. MoodyReferred to Judiciary
- SAME DAYNOWSenate committeeSEP 30, 2026JUDICIARY NOWSEP 30, 2026In committee for 8 daysNo hearing yet
- 8 DAYS SO FARPassed the Senate—SENATE FLOOR—Not scheduled
- House committee—HOUSE—
- Passed the House—HOUSE FLOOR—Not scheduled
- Resolve differencesONLY IF NEEDEDBOTH CHAMBERSONLY IF NEEDEDSkipped if the other chamber passes the same text
- Signed into law—PRESIDENT—10 days to sign or veto
- SEP 302026SEP 30, 2026REFERREDRead twice and referred to the Committee on the Judiciary.
- SEP 302026SEP 30, 2026INTRODUCEDSENATEIntroduced in Senate
At day 8, this bill is already older than 3% of the laws passed this Congress were when they were signed.
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