I
119THCONGRESS
1
STSESSION H. R. 1574
To amend title 35, United States Code, to establish a rebuttable presumption
that a permanent injunction should be granted in certain circumstances,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY25, 2025
Mr. M
ORAN(for himself, Ms. DEANof Pennsylvania, Mr. ROY, and Mr. JOHN-
SONof Georgia) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 35, United States Code, to establish a rebut-
table presumption that a permanent injunction should
be granted in certain circumstances, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Realizing Engineering, 4
Science, and Technology Opportunities by Restoring Ex-5
clusive Patent Rights Act of 2025’’ or the ‘‘RESTORE 6
Patent Rights Act of 2025’’. 7
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SEC. 2. FINDINGS. 1
Congress finds the following: 2
(1) Securing effective and reliable patent pro-3
tection for new technologies is critical to maintaining 4
the competitive advantage of the United States in 5
the global innovation economy. 6
(2) The Constitution of the United States em-7
powers Congress to grant inventors the ‘‘exclusive 8
Right’’ to their inventions in order to ‘‘promote the 9
Progress of Science and the useful Arts’’. 10
(3) The right to prevent others from making, 11
using, offering to sell, selling, or importing a pat-12
ented invention without authority from the inventor 13
is the core of the patent right, ensuring that an in-14
ventor enjoys, for a limited time, the sole benefit of 15
the inventor’s invention or discovery. 16
(4) Congress and the courts of the United 17
States have long secured the constitutionally pro-18
tected patent right through the traditional equitable 19
remedy of an injunction. 20
(5) Given the irreparable harm that is caused 21
by multiple acts of infringement or willful infringe-22
ment of a patent, courts historically presumed that 23
an injunction should be granted to prevent such 24
acts, with a burden on defendants to rebut such a 25
presumption with standard equitable defenses. 26
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(6) Recently, courts have ended the approach 1
described in paragraph (5), which contradicts the 2
traditional, historical practice governing the equi-3
table remedy described in that paragraph. 4
(7) Eliminating the traditional, historical equi-5
table practice of applying a rebuttable presumption 6
of injunctive relief in the case of continuing acts of 7
infringement or willful infringement of a patent 8
has— 9
(A) substantially reduced the ability of pat-10
ent owners to obtain injunctions to stop con-11
tinuing or willful infringement of patents; and 12
(B) created incentives for large, multi-13
national companies to commit predatory acts of 14
infringement, especially with respect to patents 15
owned by undercapitalized entities, such as in-16
dividual inventors, institutions of higher edu-17
cation, startups, and small or medium-sized en-18
terprises. 19
SEC. 3. REBUTTABLE PRESUMPTION THAT INJUNCTIVE RE-20
LIEF IS WARRANTED. 21
Section 283 of title 35, United States Code, is 22
amended— 23
(1) by striking ‘‘The several’’ and inserting the 24
following: 25
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‘‘(a) INGENERAL.—The several’’; and 1
(2) by adding at the end the following: 2
‘‘(b) R
EBUTTABLE PRESUMPTION.—If, in a case 3
under this title, the court enters a final judgment finding 4
infringement of a right secured by patent, the patent 5
owner shall be entitled to a rebuttable presumption that 6
the court should grant a permanent injunction with re-7
spect to that infringing conduct.’’. 8
Æ
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