RESTORE Patent Rights Act of 2025
RESTORE Patent Rights Act of 2025
Plain Language Summary
# RESTORE Patent Rights Act of 2025 - Plain Language Summary **What the bill would do:** This bill would change how courts handle patent infringement cases by making it easier for patent owners to obtain an injunction (a court order stopping someone from using their invention). Currently, after the Supreme Court's 2006 eBay v. MercExchange decision, courts have discretion to deny injunctions even when they find someone has infringed a patent. This bill would create a "rebuttable presumption," meaning courts would be expected to grant injunctions to patent owners who win their cases—though the other party could still argue against it in specific circumstances. **Who it affects:** Patent holders (individuals, small inventors, and companies with patents) would benefit, as they'd have a stronger tool to stop competitors from using their patented technology.
Companies accused of patent infringement could be negatively impacted, as injunctions would become harder to avoid. The change could also affect consumers and industries that rely on patent licensing negotiations. **Current status:** The bill is currently in committee (HR 1574) in the House of Representatives and has not yet been voted on. It was introduced by Representative Nathaniel Moran (R-TX).
CRS Official Summary
Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2025 or the RESTORE Patent Rights Act of 2025This bill establishes a rebuttable presumption for injunctive relief in patent infringement cases. Specifically, if a court enters a final judgment finding infringement of a right secured by patent, the patent owner shall be entitled to a rebuttable presumption that the court should grant a permanent injunction with respect to that infringing conduct.(In 2006, the U.S. Supreme Court held in eBay v. MercExchange that patent holders do not have an automatic right to a permanent injunction in a patent infringement case.)
Latest Action
Referred to the House Committee on the Judiciary.