Proposed Patent Bill Could Have Major Implications for Drone Industry Intellectual Property

Prohibiting Adversarial Patents Act would make certain patents unenforceable while leaving ownership intact

A newly introduced bill in Congress concerning “adversarial patents” could extend U.S. scrutiny of certain foreign technology companies into a new area: intellectual property rights.

The Prohibiting Adversarial Patents Act of 2026 (PAPA), introduced by Rep. Scott Fitzgerald (R-WI) and co-sponsored by members of the House Select Committee on the Chinese Communist Party, would limit the ability of certain entities identified as national security concerns to obtain and enforce U.S. patents.

While the legislation applies broadly across industries, it could draw attention within the drone sector, where patent disputes have played a role in competition among manufacturers.

What the Bill Would Do

The legislation would prohibit the issuance of a U.S. patent to entities that appear on certain government lists, including the Treasury Department’s Non-SDN Chinese Military-Industrial Complex Companies List, the Department of Defense’s Chinese Military Companies list, and the Federal Communications Commission’s Covered List.

The bill states that “a person may not be issued a United States patent for an invention” if that person falls within one of those categories. It further provides that “any United States patent issued to a person described under paragraph (1) shall be unenforceable.”

At the same time, the legislation does not revoke ownership of existing patents. The bill specifically states that the prohibition would not affect “the ownership or term of any patent owned by such person.”

The proposal would also allow the President to grant waivers for successive periods of up to 180 days under specified circumstances.

Sponsors Cite National Security Concerns

According to the sponsors, the bill is intended to prevent entities viewed as national security risks from benefiting from the U.S. patent system.

In announcing the legislation, Rep. Fitzgerald said the bill would help prevent adversarial entities from using American intellectual property protections to gain economic leverage while posing security concerns.

The proposal reflects a broader trend in U.S. technology policy, where lawmakers and regulators have increasingly focused on supply chain security, communications infrastructure, and technology sourced from foreign adversaries.

Why It Matters to the Drone Industry

The bill does not mention drones specifically. However, the drone industry has become closely tied to many of the same policy discussions surrounding supply chain security and the FCC Covered List.

As written, the legislation would not cancel patents held by covered entities. It would instead make those patents unenforceable in the United States while leaving ownership in place.

Legal experts would ultimately determine how such a provision would be interpreted if enacted. However, the bill raises questions about how intellectual property rights could be treated for companies that fall within its scope.

For drone manufacturers, the issue is not merely theoretical.

Patent Disputes Have Shaped the Drone Market

The commercial drone industry has seen several high-profile intellectual property disputes over the past decade.

One of the most notable involved DJI and Autel Robotics. In 2018, Autel filed a complaint with the U.S. International Trade Commission alleging that DJI infringed several of its patents covering drone technologies. The dispute involved technologies including rotor locking mechanisms, speed-control systems, and removable battery designs.

In 2020, an ITC administrative law judge found that DJI infringed one of Autel’s patents. The broader dispute was eventually resolved through a settlement agreement announced in 2021.

Those cases demonstrated the importance of patent rights in the drone sector, where manufacturers often compete on hardware design, flight control systems, batteries, sensors, and other technologies.

Another Front in Technology Policy

The proposed legislation arrives amid continuing debate over the role of foreign-made technology in critical sectors of the U.S. economy.

In recent years, policymakers have examined telecommunications equipment, drones, robotics, semiconductors, and other technologies through a national security lens. The Prohibiting Adversarial Patents Act would apply that scrutiny to patent rights.

Whether the bill advances remains to be seen. If enacted, however, it could add intellectual property enforcement to the growing list of policy issues affecting companies operating in the global drone market.

Read more:

• FCC Expands Drone Exemptions as Product-by-Product Security Review Takes Shape
• Congress Introduces GUARD Act, Extending FCC Covered List Framework to Robotics
• DJI Releases Independent Security Assessment as FCC Covered List Debate Continues