Foreign Adversary Patent Disclosure Act

Section 111 of title 35, United States Code, is amended by adding at the end the following:

The Director shall require each person submitting an application for patent under subsection (a), or a provisional application for a patent under subsection (b), to disclose in the application the identity of each person with an ownership interest in the invention being claimed that in the 5 years before submitting such application—

(A) was employed by an entity subject to ownership or control by a foreign adversary;

(B) received funding from a state-affiliated research fund or talent recruitment program associated with a foreign adversary; or

(C) received any other financial incentive from a foreign adversary related to the application, grant, or enforcement of a patent.

After reviewing any disclosure made by an applicant in accordance with paragraph (1), the Director may (as the Director determines appropriate) request such applicant provide true copies of any contractual or financial obligation or other agreement specific to such disclosure.

Any true copy provided to the Director under subparagraph (A) may be kept confidential and separate from the file wrapper of the patent application.

Any applicant who is a small business concern and is subject to disclosures pursuant to subsection (g) or (o) of section 9 of the Small Business Act (15 U.S.C. 638) shall be exempt from making the disclosure required by paragraph (1).

In this subsection, the term foreign adversary means—

(A) the People’s Republic of China, including all Special Administrative Regions;

(B) the Republic of Cuba;

(C) the Islamic Republic of Iran;

(D) the Democratic People’s Republic of Korea; and

(E) the Russian Federation.