PatentPolicy – US Lawmakers Push New Bill to Restrict Patent Access for Chinese Firms

PatentPolicy –  A bipartisan group of senior members of the US House of Representatives has introduced a new legislative proposal aimed at preventing certain Chinese companies and organizations from obtaining American patents. Supporters of the measure argue that entities considered security risks should not be allowed to benefit from intellectual property protections available in the United States.

Proposed Legislation Targets Security-Listed Entities

The bill, titled the Prohibiting Adversarial Patents Act, was introduced by Representative John Moolenaar, who chairs the House Select Committee on China, along with Representatives Scott Fitzgerald and Darrell Issa. The lawmakers say the proposal is designed to safeguard American innovation from organizations that may pose risks to national interests.

Under the legislation, patent rights would be denied to individuals or entities appearing on specific US government security-related lists. These include the Non-SDN Chinese Military-Industrial Complex Companies List, the 1260H List, and the Federal Communications Commission’s Covered List.

Concerns Over Intellectual Property and Technology Competition

Speaking about the proposal, Moolenaar said the Chinese government has increasingly sought access to American patents as part of a broader strategy to strengthen its technological and economic position. He argued that the current patent system can be exploited by organizations linked to strategic competitors of the United States.

According to Moolenaar, the legislation would also help reduce what he described as legal tactics used to burden American courts with questionable patent-related claims. He emphasized that stronger safeguards are needed to protect domestic innovation and intellectual property rights.

Lawmakers Cite National Security Risks

Fitzgerald stated that Chinese authorities have spent years leveraging global economic opportunities to advance both technological development and military capabilities. He said the proposed bill would close a gap that allows foreign organizations deemed hostile to gain advantages through the US patent framework.

Darrell Issa echoed similar concerns, describing the Chinese Communist Party as a significant challenge to America’s economic strength and technological leadership. He argued that companies connected to Chinese state interests should not be able to benefit from protections intended to encourage innovation in the United States.

Issa further stated that the legislation seeks to ensure that organizations viewed as security threats cannot use American patent laws while simultaneously acting against US strategic interests.

Industry Groups Back the Proposal

The bill has received support from several industry advocates, including the High Tech Inventors Alliance. In a statement, the organization praised the lawmakers for taking steps it believes will strengthen economic security and support American businesses.

The alliance argued that some foreign entities have accumulated significant patent portfolios in the United States and have used them in disputes involving important sectors such as semiconductor manufacturing, artificial intelligence, and digital infrastructure. Supporters of the legislation contend that limiting access to patents for designated security threats would help prevent the misuse of intellectual property protections.

Growing Debate Over Patent Filings

Backers of the measure also point out that companies holding US patents can benefit financially through licensing agreements and legal enforcement actions against American businesses. They argue that this creates potential economic leverage for organizations linked to foreign governments viewed as strategic rivals.

The proposal arrives at a time when Washington continues to scrutinize China’s role in global technology development and intellectual property competition. Policymakers from both parties have increasingly focused on reducing perceived vulnerabilities in critical industries and strengthening protections for domestic innovation.

Data referenced by supporters of the legislation shows that China recorded more than 1.8 million patent applications in 2024, the largest total worldwide. In the same year, foreign applicants accounted for nearly 55 percent of all patent filings submitted in the United States. Chinese applicants alone filed a record 49,000 patent applications, highlighting the growing international presence within the US patent system