Source: United States Senator for Delaware Christopher Coons
WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Tom Cotton (R-Ark.) today introduced 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. This legislation was initially introduced in the 118th Congress. Representatives Nathaniel Moran (R-Texas) and Madeleine Dean (D-Pa.) also introduced the House companion bill.
“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.”
“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.”
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.”
The Innovation Alliance, Council for Innovation Promotion, Association of University Technology Managers, Conservatives for Property Rights, Alliance of U.S. Startups & Inventors for Jobs, The Institute of Electrical and Electronics Engineers-USA, Inventors Defense Alliance, and the Medical Device Manufacturers Association have endorsed the RESTORE Patent Rights Act.
“The Innovation Alliance applauds Senators Coons and Cotton and Representatives Moran and Dean for reintroducing the bipartisan, bicameral RESTORE Patent Rights Act. With a simple, single-sentence clarification of the law, RESTORE will bring balance back to patent law and allow small inventors to stand toe to toe with Big Tech after a court has ruled that Big Tech is stealing their inventions. We urge Congress to pass this vital bill,” said Brian Pomper, Executive Director of the Innovation Alliance.
“Our nation’s economic success and national security depend on inventors having confidence that their intellectual property will not be unfairly exploited,” said Andrei Iancu, board co-chair of C4IP and former Under Secretary of Commerce for Intellectual Property and USPTO Director from 2018 to 2021. “The RESTORE Patent Rights Act will provide inventors with the reassurance they need to propel American leadership in critical technology fields.”
“Now more than ever, it’s critical that our leaders stand up for the startups and entrepreneurs who drive our nation’s economy and create life-changing breakthroughs,” said David Kappos, board co-chair of C4IP and former Under Secretary of Commerce for Intellectual Property and USPTO Director from 2009 to 2013. “By passing the RESTORE Patent Rights Act, Congress can reinvigorate the U.S. patent system and reaffirm America’s commitment to protecting its innovators.”
“AUTM thanks Senator Coons and the other co-sponsors for introducing this legislation. Strengthening the ability of patent holders to protect their patents via injunction is crucial to incentivizing innovation. We look forward to working with the committee on this important legislation,” said Steve Susalka, CEO of AUTM.
“The RESTORE Patent Rights Act restores meaning to the promised exclusive rights to one’s invention. Without fully enforceable exclusive rights, the inventor’s end of the ‘patent bargain’ is broken. Since 2006, the Supreme Court’s eBay v. MercExchange ruling has made permanent injunction extremely difficult to obtain in patent infringement cases. Courts have thereby turned the right to exclude into a compulsory licensing clause. This is unjust. The RESTORE Patent Rights Act ends the judicially created categorical rule of routinely denying injunctions. It restores the historical remedy of injunctive relief in patent cases, as it is with other forms of property, including other intellectual property,” said James Edwards, Executive Director, Conservatives for Property Rights.
“The RESTORE Patent Rights Act is, perhaps, the most impactful thing that can be done to empower American inventors, entrepreneurs and disruptive startups. The ability to pursue injunctive relief when a competitor infringes on a patented invention was the standard in the United States for over 200 years. The Supreme Court moved the goalposts in 2006 and set up a convoluted test that makes it nearly impossible for a growth tech startup to stop the predatory infringement of their intellectual property by larger competitors. This practice has been perfected by Big Tech companies that now routinely ingest the innovations of disruptive competitors knowing that they cannot be stopped. Patent law and legislation is often complicated. The RESTORE Act is not. It is a clear and unambiguous bill that simply restores balance between large corporations that ingest others’ IP and the startups and entrepreneurs that invent it,” said Chris Israel, Executive Director of The Alliance of U.S. Startups & Inventors for Jobs (USIJ).
“A functioning IP system must be fair, and as importantly, be perceived to be fair. Nondiscriminatory access to the legal system for enforcing and defending IP property rights is essential for securing the property rights necessary for investment. When innovators are unable to secure the property right embodied in a patent, investment is deterred and commercial activity, innovation and job creation impeded,” said Timothy Lee, IEEE-USA president.
“The RESTORE Patent Rights Act is a crucial step in safeguarding America’s small businesses, startups, and entrepreneurs from predatory patent infringement. By providing a clear path for justice and injunctive relief, this bill empowers innovators and fosters a more equitable patent system that benefits American inventors and consumers,” said Kristen Osenga, the chief policy counselor at the Inventors Defense Alliance.
“There unfortunately continues to be ongoing efforts across the world to steal American innovations and intellectual property, and it is critical that Congress establishes new protections so that the United States can remain the global leader in medical technology innovation,” said Mark Leahy, President and CEO, Medical Device Manufacturers Association. “The ‘RESTORE Patent Rights Act’ would help restore a level playing field if enacted, and would codify the presumption that a permanent injunction will be granted after infringement is proven. MDMA applauds Senators Coons and Cotton and Representatives Moran and Dean for their leadership in helping America’s innovators protect their intellectual property, and we will continue to work closely with them so the medical technology ecosystem can deliver the cures, therapies and diagnostics that patients and providers need.”
The text of the bill is available here.
A one-pager is available here.