RESTORE Patent Rights Act of 2025

Summary

Creates a legal default that favors permanent injunctions for patent owners: if a court issues a final judgment that a patent was infringed, the patent owner is presumed entitled to a permanent injunction barring the infringing conduct unless the presumption is rebutted. The change is made by amending the federal patent remedy statute and shifts the remedial baseline toward exclusionary relief after an infringement finding, increasing patent owners' leverage in litigation and settlement.

• Establishes a rebuttable presumption that a patent owner is entitled to a permanent injunction after a final judgment of patent infringement.
• Amends the statutory remedy provision in 35 U.S.C. § 283 to shift the remedial baseline in favor of injunctions.
• Presumption is rebuttable, so courts may deny or tailor injunctions if parties present evidence to the contrary.
• Aims to strengthen patent owners' bargaining power and curb alleged predatory infringement by larger firms.
• Does not change substantive patentability law or create new programs or funding.
• Likely increases litigation stakes, potentially leading to more injunctive relief, higher settlement values, and changes in litigation strategy.
• Primarily affects private parties (patent owners and accused infringers) and federal courts—administrative agencies are not directly altered.
• May have downstream effects on consumers, product availability, and competition if injunctions block products or services.
• Could prompt appellate and constitutional challenges about courts' equitable discretion and marketplace impacts.