H.R. 9142 explained · 119th Congress · Pending in Congress
Prohibiting Adversarial Patents Act of 2026
Cosponsors: 3 (1 D, 2 R) · per Congress.gov, 2026-10-14
Introduced: 2026-06-04
Latest action (2026-06-04): Referred to the House Committee on the Judiciary.
What H.R. 9142 does, in plain terms
The Congressional Research Service has not published a summary of H.R. 9142 yet. Its official title: “Prohibiting Adversarial Patents Act of 2026”.
Constitution Index
“VFA Constitution grade”
Not graded yet
H.R. 9142 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 1.00
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The bill is constitutional in principle but only if modified to include clear definitions of 'threat to national security,' robust due process protections (notice, hearing, judicial review), and narrow tailoring to avoid arbitrary enforcement. Without such safeguards, it would violate the Patent Clause, the Fifth Amendment, and the separation of powers.
This bill, which seeks to limit patent rights for persons posing a threat to national security, touches upon the constitutional grant of patent power under Article I, Section 8, Clause 8, which empowers Congress to 'promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' The protection of national security is an inherent attribute of sovereignty, and Congress may impose reasonable conditions on the exercise of patent rights when necessary to secure the common defense. However, the…
While the federal government has authority under Article I, Section 8, Clause 8 to secure inventors' exclusive rights for limited times, this bill's delegation of standardless discretion to administrative agents to deny patents based on undefined 'threats to national security' threatens the First Amendment's protection of petitioning the government and the Fifth Amendment's guarantee of due process. Such broad discretion invites arbitrary suppression of lawful inventions without clear statutory standards or judicial oversight. If the bill were narrowly tailored to proven, immediate threats to …
The proposed legislation touches upon the patent power, which is expressly granted to Congress in Article I, Section 8, Clause 8, to 'promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' This power is not absolute; it is a means to a public end. However, the bill's aim to limit patents based on a 'threat to national security' raises concerns about the proper scope of federal authority. The Constitution vests the national government with powers over national security, particular…
The proposed legislation seeks to condition the grant and enforcement of patents—a constitutionally grounded right derived from Article I, Section 8, Clause 8—upon an assessment of whether the applicant poses a threat to national security. Congress possesses broad authority under the Necessary and Proper Clause, as enunciated in McCulloch v. Maryland (1819), to effectuate its enumerated powers, including the power to secure to authors and inventors the exclusive right to their writings and discoveries. However, any such limitation must not contravene the plain text and purpose of the Patent Cl…
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What should pass
“VFA SI Solution”
Archived SI output (machine-generated) · No editorial review recorded
This historical draft has no editorial review time on record. Check its claims against the original bill and current law.
National Security Patent Integrity Act of 2025
Generated by VFA SI Solutions
Prevent individuals who pose a national security threat from obtaining or enforcing patents, thereby protecting sensitive technologies from being controlled by adversaries.
Bipartisan rationale: Democratic priorities honored: protects national security from foreign adversaries, includes robust due process protections (notice, hearing, appeal), and ensures oversight by congressional committees. Republican priorities honored: limits federal action to clearly defined categories (state sponsors of terrorism, sanctioned persons, convicted spies), avoids broad executive discretion, uses existing funding without new taxes, and includes a sunset clause to prevent permanent overreach.
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