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S. 5610

BillFederalSenateIn Committee
A bill to amend title 35, United States Code, to limit the ability of persons that pose a threat to national security to receive and enforce patents, and for other purposes.
About This Bill
Committee
Latest Action · September 30, 2026
Read twice and referred to the Committee on the Judiciary.
Introduced
September 30, 2026
Cosponsors (0)
None
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Summary

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This bill would prohibit the U.S. Patent and Trademark Office from issuing patents to entities identified as national security threats, specifically targeting Chinese military-affiliated companies and those on federal restricted lists. The restrictions apply to companies on the Non-SDN Chinese Military-Industrial Complex Companies List, the Department of Defense's list of Chinese military companies operating in the U.S., or the Federal Communications Commission's list of companies producing restricted communications equipment. Any existing patents held by such entities would become unenforceable while they remain on these lists, and they would be barred from using expedited patent review processes. The President can waive these prohibitions for rolling 180-day periods if determining there is no essential national security interest, provided the President notifies Congress at least 30 days in advance with a detailed explanation. The bill clarifies that these restrictions do not prevent listed entities from filing patent applications or affect the examination process itself, only the ability to obtain or enforce patent protection.

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