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Patent fight becomes part of U.S.-China AI security debate

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Image by Cristian Ibarra from Pixabay

As Washington debates how to protect America’s lead in artificial intelligence, some independent inventors are warning that national security begins with the patent system.

Randy Landreneau, president of U.S. Inventor, argues the United States has weakened the legal protections that once helped individual inventors and startups turn ideas into companies. Landreneau’s group says proceedings at the Patent Trial and Appeal Board have made patents less reliable and harder for small inventors to defend, discouraging investment in new technology.

That argument is gaining attention as China rapidly expands its footprint in artificial intelligence. A World Intellectual Property Organization report found that inventors based in China were responsible for more than 38,000 generative AI patent families from 2014 to 2023, far ahead of the United States, which ranked second. China also entered the top 10 of the U.N. Global Innovation Index in 2025, reflecting growing research and patent activity.

The stakes go beyond commercial competition. The National Security Commission on Artificial Intelligence warned in its final report that the United States was not sufficiently prepared to defend or compete in an AI era shaped in part by China’s ambitions. AI systems are increasingly tied to military planning, cyber defense, surveillance, logistics and advanced manufacturing.

But the patent debate is not one-sided. Supporters of legislation such as the Patent Eligibility Restoration Act say court decisions have made patent eligibility unpredictable, especially for computer-implemented inventions and medical diagnostics. Opponents, including some public-interest and software groups, warn that broader patent eligibility could revive abusive litigation and so-called patent trolling.

Guest:

Randy Landreneau is president of U.S. Inventor.

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This interview will be recorded live Tuesday, May 26, 2026, at 12:30 p.m.

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David Martin Davies can be reached at dmdavies@tpr.org and on Twitter at @DavidMartinDavi