Us Congress House Bill HB9221

Us Congress 2023-2024 Regular Session

• Introduced: 7/30/24
• Refer: 7/30/24

Caption

RESTORE Patent Rights Act of 2024 Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2024

Impact

The bill seeks to amend existing practices by reinstating what is described as the 'traditional equitable remedy' that historically favored patent owners in maintaining their rights. Proponents argue this change is critical as recent court rulings have made it more difficult for patent holders to secure injunctions, which has allegedly led to increased predatory infringement by larger entities. The legislation hopes to alter the landscape of patent litigation by making it easier for patent holders to protect their inventions while also promoting innovation by ensuring that inventors can reap the benefits of their creations.

Summary

House Bill 9221, titled the 'RESTORE Patent Rights Act of 2024', proposes significant amendments to Title 35 of the United States Code related to patent protections. The bill establishes a rebuttable presumption that a permanent injunction should be granted in cases of patent infringement. This legislation is aimed at reinforcing patent rights and providing greater protection for patent owners against ongoing infringement, particularly benefiting individual inventors, startups, and educational institutions that may lack the resources of larger corporations to litigate against violations of their patent rights.

Contention

There are notable points of contention surrounding HB 9221. Opponents of the bill may argue that establishing a rebuttable presumption for injunctions could create an environment where patent litigation proliferates, potentially stifling competition and innovation. Critics are concerned that the bill may disproportionately favor patent owners at the expense of businesses which rely on technology that could be patented, arguing that it could lead to a chilling effect on collaboration and technological advancement. Therefore, while supporters contend it reinforces necessary protections, detractors fear it may introduce new obstacles to innovation in the technology sector.