Bill · S. 708· Senate(119-S-708)
RESTORE Patent Rights Act of 2025
- Introduced
- 2/25/2025
- Last activity
- 2/25/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Christopher Coons
- Cosponsors
- - 0 - 1
- Introduced
- In Committee
What this bill would do
This bill, titled the "RESTORE Patent Rights Act of 2025," seeks to amend title 35 of the United States Code. It aims to establish a rebuttable presumption that a permanent injunction should be granted once a court finds patent infringement. The legislation argues that current court approaches have reduced the ability of patent owners to stop continuing or willful infringement. By introducing this presumption, the bill intends to restore a traditional historical practice regarding equitable remedies. This change is intended to address what Congress identifies as incentives for large companies to commit predatory acts of infringement against smaller entities.
Yes· 3 of 5
Would business owners be better off under this?+8
The bill provides stronger legal tools for small business owners and individual inventors to stop patent infringement.
Does this make patent and copyright rules fairer?+8
The bill enhances patent enforcement by establishing a rebuttable presumption of permanent injunctions upon a finding of infringement.
Does this make it easier to run a small business?+7
The bill aims to protect small or medium-sized enterprises and individual inventors from predatory infringement by large companies.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Protection for Patent Owners: The bill establishes that if a court finds infringement, the patent owner is entitled to a rebuttable presumption that a permanent injunction should be granted (Section 3). This could help patent owners stop infringing conduct more effectively.
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Support for Undercapitalized Entities: The bill notes that the current lack of a presumption has created incentives for large companies to commit predatory acts against entities like individual inventors, institutions of higher education, startups, and small or medium-sized enterprises (Section 2). By restoring the presumption, these groups may have a better ability to stop infringement (Section 2).
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Maintaining Competitive Advantage: The findings suggest that securing effective and reliable patent protection is critical for the competitive advantage of the United States in the global innovation economy (Section 2).
Potential Negative Impacts for People
- Burden of Rebuttal on Defendants: Under the new rule, once a final judgment of infringement is entered, the burden shifts to the defendant to rebut the presumption that an injunction should be granted (Section 3).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Business Owners+8Good For Low Income Households+5Good For Students+4
- Education And Technology
- Improves Intellectual Property Fairness+8
- Economy And Finance
- Improves Small Business Support+7
- 2/25/2025
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Tom CottonRepublican · Arkansas