,,ii  #aaith ,,congress  #b;d ,session  
,s4 #efaj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #cj1
 #bjbf,mrs4 ,moody introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend title  
#ce1 ,united ,states ,code1 to limit the
 ability of persons that 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 that 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 that  
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 that person7-- 7,a7 is 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 pursuant to ,executive    
,order #aciei 7#ej ,u4,s4,c4 #agja note2
 relating to addressing the threat from 
securities investments that finance     
communist ,chinese military companies71 
or any successor order2  7,b7 is on the 
list of ,chinese military companies     
operating in the ,united ,states        
required by section #abfj;,h of the     
,william ,m4 7,mac7 ,thornberry         
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjba 7#aj ,u4,s4,c4  
#aac note2 ,public ,law #aaf-bhc72 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 7whether
 issued before1 on1 or after the date of
 enactment of this section7 shall be    
unenforceable during any period in which
 the person to which the patent is      
issued is as described in paragraph     
7#a72 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 in 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    
that person2 and  7,b7 submits1 not     
fewer than #cj days before waiving that 
prohibition1 a report to the ,committee 
on the ,judiciary of the ,senate and the
 ,committee on the ,judiciary of the    
,house of ,representatives containing-- 
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 in subparagraph 7,a71 7,b71 or
 7,c7 of subsection 7a77#a72  7iii7 an  
assessment of the significance of the   
activity described in clause 7ii7 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 person1 or of the location in  

which the activity described in clause  
7ii7 occurred1 to terminate1 as         
appropriate1 or penalize that activity4 
7#b7 ,consistency with international    
obligations ,the ,president shall ensure
 that1 in granting any waiver under this
 subsection1 the ,president exercises   
that 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 that person to file a   
patent application2  7#b7 except as     
provided in subsection 7a77#c71 the     
examination of any patent application   
filed by that person2 or  7#c7 the      
ownership or term of any patent owned by
 that 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 that pose a threat to
 national security to receive and       
enforce patents4  4