RESTORE Patent Rights Act of 2025
Sponsored By: Senator Coons, Christopher A. [D-DE]
Introduced
Summary
Reinstating a rebuttable presumption that courts should grant permanent injunctions after a finding of patent infringement. This bill would make it easier for patent owners to get court orders that stop ongoing infringing activity.
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- Inventors, startups, and universities would gain a stronger legal starting point to block companies from selling or using products that a court finds infringe their patents. This aims to protect undercapitalized creators from continued copying.
- Accused infringers, including larger firms, would face a greater risk that a court will order them to stop the disputed conduct unless they can successfully present equitable defenses to rebut the presumption.
- Courts would apply a presumptive rule in the remedy phase of patent cases that shifts the initial balance toward injunctive relief after liability is decided. Judges still retain discretion to deny an injunction if rebuttal facts warrant it.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Easier permanent injunctions for patent owners
If enacted, this bill would create a legal presumption that courts should grant a permanent injunction when a court finally finds patent infringement. The presumption would be rebuttable, so accused infringers could still present equitable defenses. This change would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Coons, Christopher A. [D-DE]
DE • D
Cosponsors
Sen. Cotton, Tom [R-AR]
AR • R
Sponsored 2/25/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov