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US S708

US S708
RESTORE Patent Rights Act of 2025 Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2025


summary

Introduced
02/25/2025
In Committee
02/25/2025
Crossed Over
Passed
Dead

Introduced Session

119th Congress

Bill Summary

A bill to amend title 35, United States Code, to establish a rebuttable presumption that a permanent injunction should be granted in certain circumstances, and for other purposes.

AI Summary

This bill, known as the RESTORE Patent Rights Act of 2025, aims to strengthen patent protections by establishing a rebuttable presumption that a permanent injunction should be granted when patent infringement is proven. The bill's findings emphasize the constitutional importance of patent rights and argue that recent court practices have undermined inventors' ability to protect their innovations. Specifically, the bill amends Title 35 of the United States Code to create a legal presumption that when a court finds patent infringement, the patent owner should be granted a permanent injunction to stop the infringing activity. This presumption can be challenged (rebutted) by the defendant, but shifts the legal burden back towards protecting inventors, particularly smaller entities like individual inventors, universities, startups, and small enterprises. The legislation is motivated by concerns that current legal practices have made it harder for patent owners to prevent ongoing infringement and have created incentives for large companies to engage in what the bill describes as "predatory" infringement practices. By reinstating a historical approach to injunctive relief, the bill seeks to restore what Congress views as the traditional and constitutionally intended protections for intellectual property rights.

Committee Categories

Justice

Sponsors (2)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 02/25/2025)

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