Heritage Foundation: Restoring the American Innovation Engine: Congress Should Consider Enacting the RESTORE Patent Rights Act
The RESTORE Patent Rights Act would redress serious legal and economic ills created by the Supreme Court in its 2006 eBay v. MercExchange decision and its mistaken interpretation of the patent laws that traditionally have secured property rights in inventions. The bill would achieve this goal through a simple and straightforward amendment that is clear and concise for any judge or lawyer in applying historical remedy doctrines like injunctions. It contains explicit factual and legal congressional findings to serve as a fail-safe to ensure that, if judges or lawyers commit an error, they will be disabused of this mistake. In sum, the RESTORE Patent Rights Act would return the U.S. innovation engine to its efficient operation in law and commerce.