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S. 708 · Where this bill is now

In committee

Introduced in the Senate, Feb 25, 2025

What this bill does

In plain words · AI-written from the official summary

Makes permanent injunctions more likely in patent cases

Ever wondered why a patent owner who wins in court doesn't automatically get to stop someone from using their invention. This bill would change that by saying: if a court finds someone infringed on a patent, the patent owner should get a permanent injunction (a court order stopping the infringement) unless the other side argues why they shouldn't. It puts the burden on the person accused of infringement to explain why an injunction wouldn't be fair.

How it affects you

If you own a patent or work for a company with patents, winning an infringement case would be more likely to result in actually stopping competitors from using your invention. If you're accused of patent infringement, you'd face a tougher legal standard to avoid a court order halting your activities. For most people outside the patent system, this change mainly affects how business disputes over inventions play out behind the scenes.

Read the official summary (Introduced in Senate, Feb 25, 2025)

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

This 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.)

Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.

119th Congress
1st Session
S. 708

A BILL

RESTORE Patent Rights Act of 2025

In the SenateNo vote yet

Sponsor: Sen. Christopher A. Coons (D-DE) · Introduced Feb 25, 2025 · Commerce · 1 version of the text

Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Feb 25, 2025: “Read twice and referred to the Committee on the Judiciary.”

Sections

Sections · 3