This bill aims to restore the presumption that patent holders are entitled to injunctions against infringers to strengthen patent rights and encourage innovation.
Christopher Coons
Senator
DE
The "RESTORE Patent Rights Act of 2025" aims to strengthen patent protection by restoring the presumption that patent holders are entitled to an injunction against those who infringe on their patents. This bill seeks to reverse recent court decisions that have made it more difficult for patent owners to stop infringement, particularly benefiting individual inventors, universities, startups, and small businesses. By making it easier for patent holders to obtain injunctions, the act intends to discourage patent infringement and promote innovation.
RESTORE Patent Rights Act of 2025: Court Injunctions Get Presumed, Favoring Patent Holders
The "Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2025," or the "RESTORE Patent Rights Act of 2025," aims to flip the script in patent infringement cases. The core change? It re-establishes a presumption that courts should issue permanent injunctions against anyone found infringing on a valid patent. In plain English: if someone's caught using your patented invention without permission, the court will likely order them to stop—immediately and permanently, unless they can prove a very good reason why they shouldn't.
Patent Power Play
This act changes a key aspect of patent law. Historically, if you proved someone infringed on your patent, you were almost guaranteed an injunction – a court order forcing them to stop. The bill, in Section 3, explicitly restores this presumption. Think of it like this: if you own a unique design for a tool (and have the patent), and a big company starts making and selling it, you can more easily get a court order to shut down their production.
Real-World Ripple Effects
Imagine you're a small business owner who's invented a new type of energy-efficient window. A larger competitor starts using your technology without permission. Under current law, getting an injunction might be an uphill battle. This bill aims to change that. By reinstating the presumption of an injunction, it gives patent holders, especially smaller players, more leverage. For example, a solo inventor with a breakthrough in battery technology could have a stronger hand against a major corporation using that technology without a license. (SEC. 2. Findings)
The Flip Side: Potential Challenges
While the bill intends to protect inventors, it's not without potential complications. Restoring this presumption could make it harder for companies to challenge patents they believe are invalid or overly broad. For instance, if a tech startup is hit with a patent lawsuit from a larger firm, they might be forced to stop using a crucial technology, even if they believe the patent shouldn't have been granted in the first place. The risk of an almost-automatic injunction could pressure companies to settle, even in cases where they have a strong defense. This might be good for some, but challenging for others who rely on those patents.
How it Fits
This bill directly amends title 35 of the United States Code, which is the section of U.S. law dealing with patents. It's a direct response to recent court decisions that have moved away from automatically granting injunctions in patent cases. (SEC. 2. Findings) It essentially seeks to rewind the clock to a time when patent holders had a stronger default position in infringement disputes.