Prohibiting Adversarial Patents Act of 2023

HR 5475, the Prohibiting Adversarial Patents Act of 2023, requires patent applicants to disclose if they or their invention received funding from state-affiliated research funds or talent programs of specific foreign adversaries (including China, Russia, Iran, North Korea, Cuba, and Venezuela under Maduro) within five years of filing. It also prohibits U.S. patents for individuals or entities identified on certain national security lists (like the OFAC CMIC List or Chinese military company designations) and makes existing patents from such entities unenforceable. The bill directly affects patent applicants with ties to these nations and patent holders later added to designated lists. Small businesses subject to existing disclosure rules under the Small Business Act are exempt from the new disclosure requirement.