H.R. 9143 explained  ·  119th Congress  ·  Pending in Congress

Foreign Adversary Patent Disclosure Act

Create a free account or sign in to follow H.R. 9143 and get alerts. Policy area: Commerce Create a free account or sign in to follow the Commerce policy area and get alerts. ▲ 137 days since action Sponsor: Scott Fitzgerald, WI-05, R → Congress.gov

Cosponsors: none · 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. 9143 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 9143 yet. Its official title: “Foreign Adversary Patent Disclosure Act”.

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Secure American Invention Act of 2025

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To protect U.S. national security and economic competitiveness by requiring patent applicants to disclose any financial or collaborative ties to the People's Republic of China or other foreign adversaries, so that the USPTO can assess and potentially restrict patents that might enable foreign adversaries.

Bipartisan rationale: Democratic priorities: Protects scientific openness by limiting the definition of 'covered foreign adversary' to clear national security threats (initially just four countries) and requiring 'clear and convincing evidence' before any action; excludes design and plant patents that often cover agriculture and consumer goods where foreign cooperatives produce legitimate innovation. Republican priorities: Strengthens U.S. competitiveness by preventing foreign adversaries from exploiting U.S. patents for economic espionage; imposes penalties for willful non-disclosure and provides for unenforceability of patents, mirroring common GOP calls for IP enforcement; includes a mandatory sunset and cost constraint through user fees.

Funding: Funding from existing USPTO user fees (37 No new appropriations; costs a Sunset 10y Oversight: USPTO Deputy Commissioner for Enforcement: Willful failure to file a DFGI when
→ Article I, Section 8, Clause 8 (Patent power: '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') → Fifth Amendment Due Process Clause (clear notice and clear-and-convincing evidence standard) → Tenth Amendment (defers to states for regulation of intrastate research collaborations not funded by foreign adversaries) → Article II, Section 2 (President's foreign affairs power via Secretary of State designation)

Article I, Section 8, Clause 8 Amendment V Amendment X Article II, Section 2

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