S. 708 — RESTORE Patent Rights Act of 2025

This section declares congressional findings on the importance of securing patent rights through injunctive relief, including the constitutional basis for exclusive patent rights; the historical presumption of irreparable harm—and thus injunctive relief—for ongoing or willful infringement, subject to equitable defenses; courts' recent departure from that presumption; and resulting incentives for large companies to infringe patents held by individual inventors, universities, startups, and small or medium-sized enterprises.

This section amends the statutory authority for courts to grant injunctions in patent infringement cases to establish a rebuttable presumption that a court should issue a permanent injunction against the infringing conduct upon entry of a final judgment finding infringement of a patent right.