Foreign Adversary Patent Disclosure Act
- Sponsor
- Rep. Fitzgerald, Scott [R-WI-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 4, 2026
Bottom line
The bill mandates new disclosures in patent applications to identify ties to foreign adversaries, aiming to protect U.S. intellectual property and national security.
What it actually does
This bill amends U.S. patent law to require applicants to disclose any ownership interest in an invention by a person who has recent ties to foreign adversaries, including employment by an adversary-controlled entity, funding from state-affiliated research programs, or other financial incentives. It also allows the Patent and Trademark Office (USPTO) Director to request true copies of related agreements, which can be kept confidential, and exempts certain small businesses from these new disclosure rules.
Proponents argue
Supporters argue that this bill is a critical step to safeguard American innovation and national security by preventing foreign adversaries from exploiting the U.S. patent system. They contend that increased transparency regarding foreign influence in patent applications will help identify and mitigate risks of technology transfer and intellectual property theft, ensuring that U.S. patents are not used against national interests.
Opponents contend
Critics might contend that while the intent is valid, the bill could create an overly burdensome and potentially chilling effect on legitimate international research and collaboration. They may argue that the broad disclosure requirements and the potential for subjective interpretation could deter innovation, particularly from foreign-born scientists or those with diverse international backgrounds, without a clear demonstration of its effectiveness in preventing actual intellectual property theft.
The bill is very short and clear, making it highly accessible for a reader to evaluate its core provisions quickly.
Section 2(a), amending 35 U.S.C. 111(d)(1)
Mandatory Disclosure of Foreign Adversary Ties
This provision requires anyone submitting a patent application to identify any person with an ownership interest in the invention who, within the last five years, was employed by an entity controlled by a foreign adversary, received funding from a state-affiliated research fund or talent program linked to a foreign adversary, or received any other financial incentive from a foreign adversary related to the patent. This aims to reveal potential foreign influence or control over patented inventions.
Supporters argue
Proponents argue this disclosure is essential for national security, allowing the U.S. government to identify and mitigate risks associated with foreign adversaries gaining control over critical American intellectual property. They believe it creates a necessary layer of transparency.
Critics contend
Opponents might argue that this provision could create an overly broad and potentially discriminatory burden, particularly for legitimate researchers and innovators who have international backgrounds or collaborations. They may contend it could stifle innovation by adding complexity and perceived risk to the patent application process.
Tradeoffs
The provision balances the need for national security and intellectual property protection against concerns about administrative burden, potential for overreach, and the impact on international scientific collaboration and talent attraction.
Section 2(a), amending 35 U.S.C. 111(d)(2)
USPTO Authority to Request True Copies
This section grants the Director of the USPTO the authority to request actual copies of any contractual or financial agreements related to the disclosures made by applicants. Importantly, these 'true copies' can be kept confidential and separate from the public patent application file, aiming to protect sensitive business information while allowing for verification.
Section 2(a), amending 35 U.S.C. 111(d)(3)
Small Business Exemption
This provision exempts small business concerns from the new disclosure requirements if they are already subject to similar disclosure obligations under specific subsections (g) or (o) of section 9 of the Small Business Act (15 U.S.C. 638). This aims to prevent redundant reporting burdens for small businesses that may already be reporting foreign ties through other federal programs.
Section 2(a), amending 35 U.S.C. 111(d)(4)
Definition of Foreign Adversary
This section explicitly defines the term 'foreign adversary' for the purposes of this bill. The list includes the People's Republic of China (including all Special Administrative Regions), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Russian Federation. This clear definition provides specific targets for the disclosure requirements.
Exempts small business concerns from the new disclosure requirements if they are already subject to disclosures under subsections (g) or (o) of section 9 of the Small Business Act (15 U.S.C. 638).
Section 2(a), amending 35 U.S.C. 111(d)(3)
Why it matters:This is standard legislative practice to avoid repeating lengthy statutory text and to integrate new legislation with existing law. It's not necessarily evasive, but it does require additional research to fully comprehend.
Case for: Proponents argue that this cross-reference prevents redundant reporting for small businesses that are already complying with similar federal requirements, thus reducing their administrative burden and streamlining regulatory compliance.
Case against: Critics might argue that without explicitly detailing the existing requirements, it's unclear if the exemption fully aligns with the national security goals of this bill. There's a risk that the existing disclosures might not cover the exact scope of foreign adversary ties this bill intends to capture, potentially creating a loophole.
Estimated impact: The impact is on a subset of small businesses that qualify for the exemption, potentially reducing their compliance costs for patent applications. The exact number of affected businesses is not quantifiable from the bill text.