Secure American Invention Act of 2025

This Act protects national security and the integrity of U.S. patents by requiring limited, targeted disclosures of foreign government funding and affiliations only where such ties could create a risk of foreign exploitation of U.S. intellectual property. Section 1. Disclosure Requirement. An applicant for a U.S. patent must file a Disclosure of Foreign Government Interest (DFGI) if, within the five years preceding the filing, the inventor or assignee received any grant, contract, or salary from a government designated by the Secretary of State as a 'covered foreign adversary' (initially the People's Republic of China, the Russian Federation, the Democratic People's Republic of Korea, and the Islamic Republic of Iran). The DFGI must state the amount, duration, and purpose of the funding, and any obligations to share patent rights with the foreign government. The disclosure is limited to direct funding for the specific invention claimed, not general institutional support. Section 2. Review and Recourse. The USPTO Director shall review each DFGI for potential national security risk. If the Director determines, based on clear and convincing evidence, that the foreign government retains an ownership or exclusive licensing interest that would substantially harm U.S. economic or national security, the Director may suspend the patent term for up to 10 years or require a binding commitment that the patent will be licensed on a nonexclusive basis to any U.S. entity at reasonable royalty terms. The applicant may appeal any suspension or condition to the Court of Appeals for the Federal Circuit. Section 3. Scope and Limits. This Act applies only to utility patents (35 U.S.C. § 101). It does not apply to design patents, plant patents, or provisional applications. No disclosure is required for funding from universities, research institutes, or private companies unless the funding originates from a covered foreign government and is specifically tied to the claimed invention. The Director shall issue regulations defining 'directly tied' and 'reasonable royalty' within 180 days of enactment. Section 4. Sunset and Report. This Act expires on the tenth anniversary of its effective date. The USPTO Director shall report to Congress every two years on the number of DFGIs filed, actions taken, and any evidence of abuse or evasion. The Comptroller General shall audit the program after year five and recommend whether to reauthorize, narrow, or expand it.