Scott Fitzgerald (R-WI)

Prohibiting Adversarial Patents Act of 2026

H.R. 9142 · House bill Commerce

A Republican bill with 1 Democratic cosponsor · See all 3 cosponsors

Last activity — Referred to the House Committee on the Judiciary.

In committee

Introduced and handed to a committee in the chamber it started in.

The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.

Its path through Congress

  1. Introduced
  2. In Committee

What this bill would do

The Prohibiting Adversarial Patents Act of 2026 limits the ability of certain people and entities to get and use patents in the United States. It targets those identified as threats to national security, specifically those on certain Chinese military or communications equipment lists. These entities cannot be issued patents, and any patents already issued to them become unenforceable. The President can grant waivers for periods up to 180 days if it is determined there is no essential security interest in the prohibition. The act does not stop these entities from filing applications or affect the ownership and term of their patents.

Yes

  • Scored +4

    Does this put more rules on large technology companies?

    The bill restricts patent issuance and enforcement for specific adversarial entities, which is a form of regulatory constraint on tech entities.

  • Scored +3

    Does this give the federal government more power?

    The bill grants the federal government and the President authority to restrict patent rights based on national security lists.

The opposite

  • Scored -5

    Would business owners be better off under this?

    Specific business owners on adversarial lists lose the ability to issue or enforce patents.

  • Scored -2

    Does this protect the right to fair treatment by the courts?

    The bill makes existing patents unenforceable for listed entities without a prior judicial proceeding, though it allows for presidential waivers.