National Security Patent Integrity Act of 2025

Section 1. Short Title. This Act may be cited as the 'National Security Patent Integrity Act of 2025'. Section 2. Purpose. The purpose of this Act is to prevent the issuance or enforcement of patents that would harm national security, while ensuring due process and limiting federal action to constitutional bounds. Section 3. Definitions. (a) 'Covered person' means an individual or entity that is (1) a foreign government, or an agent thereof, that the Secretary of State has designated as a state sponsor of terrorism; (2) a person subject to sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) for engaging in activities that threaten national security; or (3) a person who has been convicted of a crime under 18 U.S.C. 793 (espionage) or 18 U.S.C. 794 (gathering or delivering defense information to aid foreign government). (b) 'Patent' means a patent issued under title 35, United States Code. Section 4. Restriction on Patent Issuance and Enforcement. (a) The United States Patent and Trademark Office (USPTO) shall not issue a patent to a covered person. (b) No court of the United States shall enforce a patent held by a covered person. (c) The USPTO shall establish procedures to identify covered persons before patent issuance, including review of relevant sanctions lists and criminal records. Section 5. Due Process Protections. (a) Before denying a patent or enforcement under this Act, the USPTO or court shall provide written notice to the applicant or patent holder, including the specific basis for the determination. (b) The applicant or patent holder shall have the right to a hearing before an administrative law judge within 60 days of the notice, at which they may present evidence and challenge the determination. (c) A final agency action may be appealed to the United States Court of Appeals for the Federal Circuit. Section 6. Oversight and Reporting. The Director of the USPTO shall report annually to the House Committee on the Judiciary and the Senate Committee on the Judiciary on the number of applications denied, patents affected, and any appeals filed under this Act. Section 7. Funding. This Act shall be funded through existing USPTO fee collections, with no additional appropriation required. Section 8. Sunset. This Act shall expire 5 years after the date of enactment, unless reauthorized by Congress. Section 9. Effective Date. This Act shall take effect 180 days after enactment.