WASHINGTON, DC – Today, Congressman Scott Fitzgerald (WI-05) introduced two pieces of legislation aimed at countering China’s influence on the U.S. patent system: the Prohibiting Adversarial Patents Act and the Foreign Adversary Patent Disclosure Act.

The Prohibiting Adversarial Patents Act, introduced alongside Chairman of the Select Committee on China John Moolenaar (MI-02) and Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet Darrell Issa (CA-50), 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 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 restrict such entities from participating in any expedited patent examination programs, including the USPTO’s Patent Prosecution Highway program.

Huawei—which has close ties with the Chinese government—ranked fourth in number of patents granted in the U.S. in 2025, despite its ban in U.S. communications infrastructure. ZTE, meanwhile, ranked fifth in number of U.S. patents related to 5G technology in 2024. These companies not only can bypass their ban by signing licensing agreements for its patents (Huawei reported more than $630 million in patent licensing revenue in 2025), but can also assert their patents in U.S. courts against American companies.

“The Chinese Communist Party seeks out U.S. patents not because it believes in the right to own one’s intellectual property, but because stealing American innovation is part of its economic plan,” said Select Committee Chairman John Moolenaar. “This legislation strengthens our laws against the CCP’s attempts to use lawfare to flood our judiciary with bogus patent lawsuits. No country abuses our open society and our legal system more than China, and that must be stopped.”

“Today, there is no greater threat to America’s economy, national security, or technological leadership than the Chinese Communist Party’s relentless effort to gain advantage over the United States by any means necessary — both legal and illegal,” said Chairman Issa. “For too long, companies tied to the CCP have been allowed to benefit from the protections of America’s patent system while actively undermining our interests. This legislation ensures that entities posing a threat to our national security cannot exploit the very intellectual property protections that were designed to reward innovation and strengthen America.”

“We commend Congressman Fitzgerald, and Chairmen Issa and Moolenaar for their steadfast leadership in defending American businesses and U.S. economic security,” said the High Tech Inventors Alliance (HTIA). “For too long, the U.S. has allowed entities identified as national security threats to amass and weaponize U.S. patents against critical domestic industries such as semiconductor manufacturing, digital infrastructure, and artificial intelligence. This legislation will help prevent foreign interests from abusing the U.S. patent system and using it as a tool for economic warfare against America.”

Congressman Fitzgerald also introduced the Foreign Adversary Patent Disclosure Act, which requires patent applicants to disclose the identity of each person with an ownership interest in the claimed invention who, in the previous five years: was employed by an entity owned or controlled by a foreign adversary; received funding from a state-affiliated research fund or talent recruitment program associated with a foreign adversary; or received any other financial incentive from a foreign adversary. The bill defines “foreign adversary” as the People’s Republic of China (PRC), Cuba, Iran, the Democratic People’s Republic of Korea (i.e. “North Korea”), or the Russian Federation.

According to data from the World Intellectual Property Organization (WIPO), China has filed more patent applications than any other country over the last decade, with more than 1.8 million patents filed in 2024. Similarly, in 2024, nearly 55% of all U.S. patent applications were filed by foreign residents, namely China, which filed a record 49,000 applications. Most of these patents are funded, wholly or in-part, by the Chinese Communist Party through its Made in China 2025 plan.

“The Chinese Communist Party has spent years exploiting the American economy to advance its own technological and military ambitions,” said Congressman Fitzgerald. “The Prohibiting Adversarial Patents Act closes the door on hostile foreign entities using our patent system to gain economic leverage and undermine our national security, and the Foreign Adversary Patent Disclosure Act brings much-needed transparency to foreign-backed influence in America’s innovation pipeline.”

These bills are part of a broader legislative effort by Rep. Fitzgerald to counter China’s growing economic and strategic influence.