Guest Editorial of July 3, 2025 by Judge Paul Michel

To Win the Tech Race, Restore the Power of the U.S. Patent

The United States is falling behind in the global race for technological leadership. China now leads the U.S. in 37 out of 44 critical technologies. This includes fields that will define the future, such as artificial intelligence, quantum computing and advanced manufacturing.

If we’re serious about keeping pace with China, we must restore the legal foundations that once made America the global leader in high-tech innovation. That means passing legislation like the bipartisan RESTORE Patent Rights Act. By strengthening inventors’ ability to stop the proven theft of their ideas, this legislation would encourage investment, revitalize our innovation ecosystem and reestablish the U.S. as the world’s undisputed technological powerhouse.

For inventors, the U.S. patent system no longer offers meaningful protection. Even when a court confirms that a valid patent has been infringed, the violator is often allowed to keep using the stolen invention. In many cases, the only consequence of infringement is a court-ordered royalty payment to the patent owner. That outcome, while better than nothing, strips patents of their core value: the right to exclude others from using an invention without the owner’s permission.