RESTORE Patent Rights Act of 2025
The RESTORE Patent Rights Act of 2025 would amend federal patent law to create a rebuttable presumption that a court should issue a permanent injunction after finding patent infringement. In practical terms, if a patent owner wins a final judgment on infringement, the owner would start from the position that injunctive relief is warranted, and the infringer would have to overcome that presumption under ordinary equitable principles. The bill is framed as a restoration of historical patent practice, emphasizing the constitutional role of patents in granting inventors exclusive rights and protecting innovation.
The bill’s findings argue that recent court decisions have made injunctions harder to obtain, weakening patent enforcement and encouraging continued or willful infringement, especially by large companies against smaller patent holders. The legislation specifically points to harms faced by individual inventors, universities, startups, and small and medium-sized businesses that may lack the resources to absorb infringement without the ability to stop it through court-ordered injunctive relief. It does not automatically require injunctions in every case, but it shifts the legal posture in favor of patent owners after a finding of infringement.
If enacted, the bill would modify section 283 of title 35 of the U.S. Code, which governs injunctions in patent cases. It would not change the underlying definition of patent infringement or damages rules, but it would affect the remedies available after liability is established by making permanent injunctions presumptively appropriate in qualifying cases. That would likely influence litigation strategy, settlement leverage, and the bargaining power of patent holders in disputes over patented technologies.
The available context shows no recorded votes or committee debate, so there is no direct evidence of partisan or stakeholder sentiment from hearings. Based on the bill text alone, the measure appears strongly pro-patent and pro-enforcement, with a clear policy goal of strengthening exclusive patent rights. The main likely point of contention is whether restoring a presumption of injunctions would appropriately protect innovation and small inventors, or instead risk over-penalizing accused infringers and increasing litigation pressure on technology companies and other users of patented inventions.
The bill would amend 35 U.S.C. § 283 to create a rebuttable presumption in favor of permanent injunctions after a final judgment of patent infringement. This would alter federal patent remedies by making it easier for patent owners to obtain orders stopping infringing conduct, while still allowing defendants to rebut the presumption under equitable principles. The change would primarily affect patent litigation, licensing negotiations, and the leverage of patent holders versus accused infringers, especially in disputes involving startups, universities, individual inventors, and large technology firms.
The bill’s stated purpose and findings reflect a strongly pro-patent, pro-injunction policy position, with the sponsor framing the measure as a restoration of traditional patent rights and a response to weakened enforcement. Because there are no committee transcripts or votes provided, there is no documented legislative debate to gauge broader sentiment. On the face of the text, the bill is presented positively by its sponsors and is designed to appeal to inventors and patent owners concerned about ongoing infringement.
The central policy dispute is whether patent owners should receive a presumptive permanent injunction after proving infringement. Supporters are likely to argue that this restores the core exclusivity of patents and protects smaller rights holders from continued infringement by larger firms. Opponents are likely to argue that a presumption in favor of injunctions could be too rigid, reduce judicial discretion in equity, and increase the risk of hold-up or excessive leverage in patent disputes, particularly in industries where products incorporate many patented technologies.