This bill, known as the RESTORE Patent Rights Act of 2025, proposes to amend title 35 of the United States Code to strengthen patent enforcement. It establishes a rebuttable presumption that a court should grant a permanent injunction when it issues a final judgment finding infringement of a patent right. This measure aims to restore what Congress identifies as a traditional, historical practice in patent law. The legislation's findings emphasize that securing effective patent protection is crucial for U.S. competitiveness and that the right to prevent unauthorized use of an invention is central to patent rights. It notes that courts historically presumed injunctive relief for continuing or willful infringement, a practice that has recently ceased. Congress believes this shift has significantly reduced patent owners' ability to stop infringement and has incentivized predatory acts, particularly against smaller entities like startups and individual inventors. By reintroducing this rebuttable presumption, the bill intends to provide patent owners with a more robust mechanism to prevent ongoing infringement, thereby reinforcing the exclusive rights granted by patents and deterring unauthorized use of patented technologies.
This bill, known as the RESTORE Patent Rights Act of 2025, proposes to amend title 35 of the United States Code to strengthen patent enforcement. It establishes a rebuttable presumption that a court should grant a permanent injunction when it issues a final judgment finding infringement of a patent right. This measure aims to restore what Congress identifies as a traditional, historical practice in patent law. The legislation's findings emphasize that securing effective patent protection is crucial for U.S. competitiveness and that the right to prevent unauthorized use of an invention is central to patent rights. It notes that courts historically presumed injunctive relief for continuing or willful infringement, a practice that has recently ceased. Congress believes this shift has significantly reduced patent owners' ability to stop infringement and has incentivized predatory acts, particularly against smaller entities like startups and individual inventors. By reintroducing this rebuttable presumption, the bill intends to provide patent owners with a more robust mechanism to prevent ongoing infringement, thereby reinforcing the exclusive rights granted by patents and deterring unauthorized use of patented technologies.