Prohibiting Adversarial Patents Act of 2023

This bill amends patent law to require disclosure of ties to foreign adversaries in patent applications and bars certain entities from receiving patents. It applies to the People's Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela under Maduro.

Sec. 2, Disclosures in patent applications regarding ties to the People's Republic of China and other foreign adversaries: The bill adds a new section to patent law requiring applicants to disclose anyone with an ownership interest who, in the five years before filing, received funding from a state-affiliated research fund or talent recruitment program associated with a foreign adversary. The Patent Office may request true copies of related agreements, which can be kept confidential. Small businesses already subject to certain Small Business Act disclosures are exempt. Foreign adversary is defined as China (including Special Administrative Regions), Cuba, Iran, North Korea, Russia, and Venezuela during Nicolas Maduro's presidency.

Sec. 2, Patent bar for persons who pose a threat to national security: The bill adds a new section barring patents for anyone on certain U.S. government lists: those believed to threaten national security or foreign policy interests, entities on the NS-CMIC List, Chinese military companies identified under the National Defense Authorization Act, or producers of communications equipment on the FCC's covered list. Any patent already issued to such a person is unenforceable.