Waukesha Times

WASHINGTON, DC – On September 14, 2023, Congressman Scott Fitzgerald (WI-05) introduced the Prohibiting Adversarial Patents Act alongside the Chairman of the Select Committee on China, Mike Gallagher (WI-08), Chairman of the Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, Darrell Issa (CA-48), and Chairman of the Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions, Blaine Luetkemeyer (MO-03).

The legislation would prohibit the issuance of a U.S. patent to any person or entity who is identified to be a threat to U.S. national security pursuant to the U.S. Entity List, the Non-SDN CMIC List, the 1260H List, or the FCC’s Section 2 List. Any patent previously issued to companies on these lists would be unenforceable. This bill would also require disclosure of ties to a state-sponsored entity during application for patent, including any state-affiliated research funds or talent recruitment programs associated with the applicant.     

“Companies that are deemed a threat to national security are subject to capital restrictions, export controls, and a variety of other tools to prohibit the entity from operating in the United States. However, sanctioned companies—many of which are funded wholly or in part by the Chinese Communist Party—are still able to license and assert U.S. patents despite their ban,” said Rep. Fitzgerald. “The Prohibiting Adversarial Patents Act ensures companies cannot sidestep their sanctions using revenue generated through U.S. patents, while simultaneously requiring additional disclosures in application for patent to prevent the CCP from stealing our intellectual property.”

"PRC companies that spy on Americans, build weapons for the PLA, and steal U.S. intellectual property should not be afforded the privilege of accessing the U.S. patent system.  I commend Representative Fitzgerald for leading the charge on this important issue and look forward to working with him and others on pushing back against the PRC's continued abuse of the U.S. legal system to defraud our companies and our technology," said Rep. Gallagher.

“On September 14, 2023, there is no greater threat to America’s economy, national security, or research and development than the Chinese Communist Party’s nonstop quest to achieve superiority over our country by any means necessary – both legal and illegal,” said Rep. Issa. “To put it simply: China is stealing what is ours while at the same time availing themselves of the legal and regulatory protections – as well as ownership of intellectual property – that America created. I’m sponsoring this legislation because it is a strong step we can take to reset this flawed system and ensure that bad actors aren’t rewarded for bad behavior.”

“The Chinese Communist Party has long disrespected our patent process by stealing intellectual property from U.S. institutions, and we cannot afford to give its state-run entities more competitive advantages over American companies. I am proud to support the Prohibiting Adversarial Patents Act and all other measures to cut off hostile actors from further infiltrating our economy,” said Rep. Luetkemeyer.

According to data from the World Intellectual Property Organization (WIPO), China has filed more patent applications and grants than any other country over the last decade, with more than 1.4 million patents filed in 2019. Similarly, in 2020, Chinese residents filed a record 47,712 applications—most of which were funded, wholly or in-part, by the Chinese Communist Party through its Made in China 2025 plan.

This bill is the second in a series of bills Rep. Fitzgerald is introducing to counter aggression from the CCP. 

Original source can be found here.