This bill would change how courts decide whether to stop patent infringement by making it easier for patent owners to get injunctions. Currently, courts have discretion to deny injunctions even when they find that a patent has been infringed. The RESTORE Patent Rights Act would require courts to presume that an injunction should be granted when infringement is proven, shifting the burden to the accused infringer to argue against the injunction using standard legal defenses. The bill's sponsors argue this change restores the traditional approach to patent protection and would help individual inventors, universities, startups, and small companies protect their inventions against larger companies that might otherwise find it profitable to infringe patents and pay damages instead of stopping their infringing conduct. The legislation does not establish new funding or contain specific implementation timelines.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.