Washington, D.C. — Senator Tom Cotton (R-Arkansas) and Senator Chris Coons (D-Delaware) today reintroduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025. This bipartisan, bicameral bill would restore the presumption that courts will issue an injunction to stop patent infringers, strengthening protections for U.S. inventors, entrepreneurs, universities, and startups. Representatives Nathaniel Moran (R-Texas) and Madeleine Dean (D-Pennsylvania) also introduced the House companion bill.
“American ingenuity should be rewarded and protected,” said Senator Cotton. “Current patent law fails to protect inventors and leaves them vulnerable to intellectual property theft from adversaries like China. This bipartisan legislation will help solidify America’s edge in technological innovation.”
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“Thanks to a wrongheaded decision from the Supreme Court, there are now companies who steal patented technologies rather than license them from inventors and then justify their actions as simply the cost of doing business. Innovators at universities and startups who lack resources are often unable to stop patent infringement in court and are forced into licensing deals they do not want,” said Senator Coons. “The RESTORE Patent Rights Act will protect innovators across the country, stop the infringe-now, pay-later model in its tracks, and strengthen America's economic competitiveness for generations to come.”
For more than two centuries, courts granted injunctive relief in most patent cases upon a finding of infringement, preventing patent infringers from continuing to produce goods that ran afoul of patent laws. However, this practice was upended in 2006 when the Supreme Court’s decision in eBay v. MercExchange created a four-factor test to determine whether a permanent injunction is warranted in infringement cases, altering the longstanding remedy for patent infringement.
Since that decision, obtaining injunctive relief in patent cases has become significantly more difficult and rare. A recent study found that requests for permanent injunctions in patent cases fell by 65% for companies that use their patented technology to manufacture a product; grants of permanent injunctions to those companies fell even more significantly. Requests and grants for licensing patent owners like universities and research clinics dropped even further: Requests fell by 85%, and grants fell by 90%.
The RESTORE Patent Rights Act would undo the damage of the eBay decision by returning to patent owners a rebuttable presumption that an injunction is warranted after a court makes a final ruling that their rights are being infringed. This would deter predatory infringers and restore meaning to the right to exclude.
“American innovation is only as strong as the confidence in knowing ideas cannot be stolen by competitors. In the last two decades, innovators have found it harder to obtain a permanent injunction from U.S. courts, which stops bad actors from stealing their intellectual property (IP). Our legislation will restore the rights of American innovators by ensuring permanent injunctions are accessible from U.S. courts. This bill will provide greater certainty in the protection of IP and prevent cases from being taken overseas to countries like China. When U.S. courts enforce the exclusivity of patent rights, America becomes a world leader in innovation,” said Congressman Moran.
“Enforceable patents are vital to our ability to invent, improve and advance – yet today, it is increasingly difficult for patent holders to enforce their rights through permanent injunctions, even after proving infringement in court,” said Congresswoman Dean. “The bipartisan, bicameral RESTORE Act addresses this issue and safeguards American innovation. I’m grateful to be joined by Congressman Moran, Senator Coons, and Senator Cotton in our push to protect patentholders, including universities, research laboratories, and startups.”
“Years of economic pitfalls and regulatory restrictions have stifled innovation and competition, preventing American companies from flourishing and dominating markets. As new competitors emerge against American companies, safeguarding intellectual property rights and strong patent protections are more necessary than ever. Congress has a duty to protect the fruits of Americans’ labor and secure America’s success against our competitors. The RESTORE Patent Rights Act is an important bill that promotes domestic innovation and healthy industry competition that will secure American superiority in global markets,” said Heritage Action Executive Vice President Ryan Walker.
Text of the bill may be found here.
