,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #iadb  ,,in ,,the ,,house ,,of  
,,representatives  ,june #d1 #bjbf,mr4  
,fitzgerald 7for himself1 ,mr4          
,moolenaar1 and ,mr4 ,issa7 introduced  
the following bill2 which was referred  
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #ce1 ,united    
,states ,code1 to limit the ability of  
persons who pose a threat to national   
security to receive and enforce patents1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,prohibiting ,adversarial ,patents ,act 
of #bjbf4  #b4 ,limitation on ability of
 persons who pose a threat to national  
security to receive and enforce patents 
7a7 ,in general ,chapter #aj of title   
#ce1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#ajf4  ,limitation on ability of persons
 who pose a threat to national security 
to receive and enforce patents  7a7     
,limitation  ,notwithstanding any other 
provision of law--  7#a7 a person may   

not be issued a ,united ,states patent  
for an invention if that person 7or any 
subsidiary1 affiliate1 successor1       
assign1 legal representative1 or privy  
of such person7--  7,a7 is an entity on 
the ,non-,,sdn ,chinese                 
,military-,industrial ,complex          
,companies ,list 7,,ns-,,cmic ,list7    
maintained by the ,office of ,foreign   
,assets ,control of the ,department of  
the ,treasury under ,executive ,order   
#adjcb 7#hf ,fed4 ,reg4 #cjade2 relating
 to addressing the threat from          
securities investments that finance     
certain companies of the ,people's      
,republic of ,china71 or any successor  
order2  7,b7 is identified as a ,chinese
 military company in the most recent    
annual report submitted pursuant to     
section #abfj;,h of the ,william ,m4    
7,mac7 ,thornberry ,national ,defense   
,authorization ,act for ,fiscal ,year   
#bjba 7,public ,law #aaf-bhc2 #aj       
,u4,s4,c4 #aac note72 or  7,c7 produces 
or provides communications equipment or 

service on the list published by the    
,federal ,communications ,commission    
under section #b7;a7 of the ,secure and 
,trusted ,communications ,networks ,act 
of #bjai 7#dg ,u4,s4,c4 #afja7;a772     
7#b7 any ,united ,states patent issued  
to a person described under paragraph   
7#a7 shall be unenforceable2 and  7#c7  
no procedure1 including any procedure   
under the ,patent ,prosecution ,highway 
,program1 may be used to conduct an     
expedited review an application for a   
patent filed by a person described under
 paragraph 7#a74  7b7  ,waiver  7#a7    
,in general  ,the ,president may waive  
the application of the prohibition under
 subsection 7a7 with respect to a person
 for successive periods of not more than
 #ahj days each if the ,president--     
7,a7 determines that there is not an    
essential security interest in applying 
the prohibition under subsection 7a7    
with respect to a person2 and  7,b7     
submits1 not less than #cj days before  
waiving such prohibition1 a report to   

the ,committee on the ,judiciary of the 
,senate and the ,committee on the       
,judiciary of the ,house of             
,representatives--  7i7 a specific and  
detailed rationale for the determination
 that there is not an essential security
 interest in applying the prohibition   
with respect to that person2  7ii7 a    
description of the activity that        
resulted in the person being included on
 a list or in a report described under  
subparagraphs 7,a7 through 7,c72  7iii7 
an assessment of the significance of    
such activity to the national security  
interests of the ,united ,states or     
allies of the ,united ,states2 and  7iv7
 an explanation of any effort made by   
the ,united ,states to secure the       
cooperation of the government with      
primary jurisdiction over the person or 
the location where the activity         
described in clause 7ii7 occurred in to 
terminate1 as appropriate1 or penalize  
such activity4  7#b7  ,consistency with 
international obligations  ,the         

,president shall ensure that in granting
 any waiver under this subsection1 the  
,president exercises such authority in a
 manner that is consistent with         
international obligations4  7c7  ,no    
effect on patent application2 ownership 
and term of patent  ,the application of 
the prohibition under subsection 7a71 or
 the grant of any waiver under          
subsection 7b71 to a person shall not   
affect--  7#a7 the ability of such      
person file a patent application2  7#b7 
except as provided in subsection        
7a77#c71 the examination of any such    
application2 or  7#c7 the ownership or  
term of any patent owned by such person4
  4  7b7 ,clerical amendment ,the table 
of sections for chapter #aj of title    
#ce1 ,united ,states ,code1 is amended  
by inserting after the item relating to 
section #aje the following3  #ajf4      
,limitation on ability of persons who   
pose a threat to national security to   
receive and enforce patents4  4