Legis Daily

RESTORE Patent Rights Act of 2025

USA119th CongressS-708| Senate 
| Updated: 2/25/2025
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (1)
Tom Cotton (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill proposes to amend title 35 of the United States Code, establishing a rebuttable presumption that a permanent injunction should be granted in patent infringement cases. The legislation aims to restore what it identifies as traditional judicial practice regarding injunctive relief for patent owners. The bill's findings suggest that the recent departure from this historical approach has weakened patent protections, reducing owners' ability to stop ongoing or willful infringement. This situation, it claims, creates incentives for larger companies to engage in predatory infringement, particularly against smaller inventors, startups, and universities. Specifically, the bill amends Section 283 of title 35, United States Code, to mandate that if a court enters a final judgment finding infringement, the patent owner is entitled to a rebuttable presumption that a permanent injunction should be issued. This provision effectively shifts the burden, requiring the infringer to demonstrate why an injunction is not warranted, rather than the patent owner proving its necessity.
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Timeline

Bill from Previous Congress

S 118-4840
RESTORE Patent Rights Act of 2024
Feb 25, 2025

Latest Companion Bill Action

HR 119-1574
Introduced in House
Feb 25, 2025
Introduced in Senate
Feb 25, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-4840
    RESTORE Patent Rights Act of 2024


  • February 25, 2025

    Latest Companion Bill Action

    HR 119-1574
    Introduced in House


  • February 25, 2025
    Introduced in Senate


  • February 25, 2025
    Read twice and referred to the Committee on the Judiciary.

Commerce

Related Bills

  • HR 119-1574: RESTORE Patent Rights Act of 2025

RESTORE Patent Rights Act of 2025

USA119th CongressS-708| Senate 
| Updated: 2/25/2025
This bill proposes to amend title 35 of the United States Code, establishing a rebuttable presumption that a permanent injunction should be granted in patent infringement cases. The legislation aims to restore what it identifies as traditional judicial practice regarding injunctive relief for patent owners. The bill's findings suggest that the recent departure from this historical approach has weakened patent protections, reducing owners' ability to stop ongoing or willful infringement. This situation, it claims, creates incentives for larger companies to engage in predatory infringement, particularly against smaller inventors, startups, and universities. Specifically, the bill amends Section 283 of title 35, United States Code, to mandate that if a court enters a final judgment finding infringement, the patent owner is entitled to a rebuttable presumption that a permanent injunction should be issued. This provision effectively shifts the burden, requiring the infringer to demonstrate why an injunction is not warranted, rather than the patent owner proving its necessity.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-4840
RESTORE Patent Rights Act of 2024
Feb 25, 2025

Latest Companion Bill Action

HR 119-1574
Introduced in House
Feb 25, 2025
Introduced in Senate
Feb 25, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-4840
    RESTORE Patent Rights Act of 2024


  • February 25, 2025

    Latest Companion Bill Action

    HR 119-1574
    Introduced in House


  • February 25, 2025
    Introduced in Senate


  • February 25, 2025
    Read twice and referred to the Committee on the Judiciary.
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (1)
Tom Cotton (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 119-1574: RESTORE Patent Rights Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted