RESTORE Patent Rights Act of 2025

Summary

Creates a statutory rule that when a court issues a final judgment that a patent was infringed, the patent owner is presumed entitled to a permanent injunction to stop the infringing activity unless the defendant rebuts that presumption. The bill also states congressional findings about the importance of strong patent injunctions for U.S. competitiveness and restores a presumption that courts should grant injunctions after a finding of infringement. The change is made by amending the federal injunction statute for patents to add a new subsection that establishes this rebuttable presumption; the bill does not appropriate funds or create new agencies.

• Establishes a statutory rebuttable presumption that a patent owner is entitled to a permanent injunction after a final judgment of patent infringement.
• Adds a new subsection to the federal injunction statute to codify this presumption and restructures the opening statutory phrase.
• Contains congressional findings emphasizing that strong injunctions support innovation and that past court shifts reduced patentees' ability to obtain injunctions.
• Does not appropriate funds, create new agencies, or alter patentability or damages regimes.
• Shifts the practical burden in district courts toward granting injunctions unless the accused infringer rebuts the presumption with equitable reasons.
• Likely increases leverage for patent owners in settlement and licensing negotiations.
• May raise stakes for accused infringers, who could face product exclusion after a final infringement judgment.
• Targets the remedy stage of litigation rather than the substantive patent rights determined by the Patent Office or courts on validity.