Sponsors (6)
Want my take on what this bill would do?
This is not an official government website.
Copyright © 2026 PLEJ LC. All rights reserved.
Creates a legal starting point that courts should issue a permanent injunction to stop ongoing use of a patented invention after a final judgment of infringement, unless the losing party shows strong reasons not to. This change aims to make it easier for patent owners—especially small entities and independent inventors—to halt continued infringement and protect their inventions. It updates the patent injunction statute so that, when a court finds infringement, the default is to grant a permanent injunction. Judges still keep discretion to deny an injunction if facts show it would be unfair or against the public interest.
Securing effective and reliable patent protection for new technologies is critical to maintaining the competitive advantage of the United States in the global innovation economy.
The Constitution empowers Congress to grant inventors exclusive rights to their inventions in order to 'promote the Progress of Science and the useful Arts.'
The core of the patent right is the right to prevent others from making, using, offering to sell, selling, or importing a patented invention without the inventor’s authority, so the inventor enjoys the sole benefit of the invention for a limited time.
Congress and the courts of the United States have long secured the constitutionally protected patent right through the traditional equitable remedy of an injunction.
Because multiple acts of infringement or willful infringement cause irreparable harm, courts historically presumed that an injunction should be granted to prevent such acts, placing the burden on defendants to rebut that presumption with standard equitable defenses.
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced February 25, 2025 by Nathaniel Moran · Last progress February 25, 2025
Referred to the House Committee on the Judiciary.
Introduced in House