fhnan 写了： 2023年 11月 13日 01:58
106. Patent bar for persons who pose a threat to national security.
‘‘Notwithstanding any other provision of law—
‘‘(1) a person shall not receive a United States patent for an invention if that person (or any sub- sidiary, affiliate, successor, assign, legal representa-
tive, or privy of such person)—
‘‘(A) is identified, pursuant to section
744.16 of title 15, Code of Federal Regulations (or any successor regulation), as a person rea- sonably believed to be involved, or to pose a sig- nificant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States;
‘‘(B) is an entity on the Non-SDN Chinese Military-Industrial Complex Companies List (NS–CMIC List) maintained by the Office of
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Foreign Assets Control of the Department of
the Treasury under Executive Order 14032 (86 Fed. Reg. 30145; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order;
‘‘(C) is identified as a Chinese military company in the most recent annual report sub- mitted pursuant to section 1260H of the Wil- liam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note); or
‘‘(D) produces or provides communications equipment or service on the list published by the Federal Communications Commission under section 2(a) of the Secure and Trusted Commu- nications Networks Act of 2019 (47 U.S.C. 1601(a)); and
‘‘(2) any United States patent issued to a per-
son described under paragraph (1) shall be unen- forceable.’’.
(2) CLERICAL AMENDMENT.—The table of sec- tions for chapter 10 of title 35, United States Code,
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is amended by inserting after the item relating to
section 105 the following:
‘‘106. Patent bar for persons who pose a threat to national securit