Bills/S. 708

RESTORE Patent Rights Act of 2025

RESTORE Patent Rights Act of 2025

In CommitteeEconomySenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# RESTORE Patent Rights Act of 2025 - Summary **What it does:** This bill would change how courts handle patent infringement cases by giving patent owners a strong legal advantage. Currently, when a court finds that someone has infringed a patent (violated a patent holder's exclusive rights), the patent owner must make a separate argument for why the court should stop the infringing activity. This bill would flip that: it would presume that patent owners *should* automatically get a court order stopping the infringement, unless the other side can prove otherwise. This reverses a 2006 Supreme Court decision that said patent holders weren't automatically entitled to such injunctions. **Who it affects:** Patent owners and inventors would benefit most, as they'd have easier access to court orders blocking competitors from using their patented technology.

Conversely, businesses accused of patent infringement—and potentially consumers who use products based on disputed technology—could be more easily blocked from operating. The change could impact various industries including tech, pharmaceuticals, manufacturing, and others that rely heavily on patents. **Current status:** The bill is in committee (S. 708 in the Senate), sponsored by Senator Christopher Coons (D-DE). It has not yet been voted on or advanced further in the legislative process.

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.)

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Latest Action

February 25, 2025

Read twice and referred to the Committee on the Judiciary.

Sponsor

1 cosponsor

Key Dates

Introduced
February 25, 2025
Last Updated
February 25, 2025
Read Full Text on Congress.gov →
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