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.
The Prohibiting Adversarial Patents Act of 2023 requires patent applicants to disclose whether they or anyone with ownership interest in their invention received funding from state-affiliated research programs or talent recruitment programs associated with foreign adversaries, specifically China, Cuba, Iran, North Korea, Russia, and Venezuela. The Patent and Trademark Office Director can request additional documentation to verify these disclosures, though such documents may be kept confidential and separate from the public patent file. The bill also bars patents from being issued to or enforced by individuals and entities identified as national security threats, including those on U.S. government lists of Chinese military companies and entities involved in restricted communications equipment. Small businesses subject to certain Small Business Act requirements are exempted from the disclosure requirements. The legislation does not specify new funding allocations or implementation timelines beyond requiring the Patent Office to implement these disclosure and review procedures.
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