HOUSE-BILL 9142: H.R.9142 - Prohibiting Adversarial Patents Act of 2026

Impact

This section limits the ability of individuals and entities identified as threats to national security from receiving and enforcing patents, which directly affects their rights to intellectual property and economic participation.

Affected

• Fifth Amendment: Right to due process and protection against deprivation of property without just compensation.
• Fourteenth Amendment: Equal protection under the law and due process rights.

Issues

• The broad categorization of individuals as threats to national security may lead to arbitrary enforcement and potential violations of due process rights.
• The lack of clear definitions and standards for what constitutes a 'threat to national security' could lead to discriminatory practices.

Support

• The bill may be seen as a necessary measure to protect national security interests, which could be argued as a compelling government interest.

Limitations

Individuals or entities on specific government lists related to national security are prohibited from obtaining patents.

Unenforceability

Patents issued to such individuals or entities will be unenforceable.

Waiver Process

The President has the authority to waive these prohibitions under certain conditions, which may provide a check against arbitrary enforcement.

Constitutional Provisions

• Amendment V: Protects against deprivation of property without due process.
• Amendment XIV: Ensures equal protection and due process under the law.

Related Bills

The bill references existing executive orders and laws that categorize entities based on national security concerns, which may conflict with individual rights.