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A functioning patent system depends on one basic principle: bad patents must be challengeable. In 2025, that principle was repeatedly tested—by Congress, by the U.S. Patent and Trademark Office (USPTO), and by a small number of large patent owners determined to weaken public challenges. 

Two damaging bills, PERA and PREVAIL, were reintroduced in Congress. At the same time, USPTO attempted a sweeping rollback of inter partes review (IPR), one of the most important mechanisms for challenging wrongly granted patents. 

EFF pushed back—on Capitol Hill, inside the Patent Office, and alongside thousands of supporters who made their voices impossible to ignore.

Congress Weighed Bills That Would Undo Core Safeguards

The Patent Eligibility Restoration Act, or PERA, would overturn the Supreme Court’s Alice and Myriad decisions—reviving patents on abstract software ideas, and even allowing patents on isolated human genes. PREVAIL, introduced by the same main sponsors in Congress, would seriously weaken the IPR process by raising the burden of proof, limiting who can file challenges, forcing petitioners to surrender court defenses, and giving patent owners new ways to rewrite their claims mid-review.

Together, these bills would have dismantled much of the progress made over the last decade. 

We reminded Congress that abstract software patents—like those we’ve seen on online photo contests, upselling prompts, matchmaking, and scavenger hunts—are exactly the kind of junk claims patent trolls use to threaten creators and small developers. We also pointed out that if PREVAIL had been law in 2013, EFF could not have brought the IPR that crushed the so-called “podcasting patent.” 

EFF’s supporters amplified our message, sending thousands of messages to Congress urging lawmakers to reject these bills. The result: neither bill advanced to the full committee. The effort to rewrite patent law behind closed doors stalled out once public debate caught up with it. 

Patent Office Shifts To An “Era of No”

Congress’ push from the outside was stymied, at least for now. Unfortunately, what may prove far more effective is the push from within by new USPTO leadership, which is working to dismantle systems and safeguards that protect the public from the worst patents.

Early in the year, the Patent Office signaled it would once again lean more heavily on procedural denials, reviving an approach that allowed patent challenges to be thrown out basically whenever there was an ongoing court case involving the same patent. But the most consequential move came later: a sweeping proposal unveiled in October that would make IPR nearly unusable for those who need it most.

2025 also marked a sharp practical shift inside the agency. Newly appointed USPTO Director John Squires took personal control of IPR institution decisions, and rejected all 34 of the first IPR petitions that came across his desk. As one leading patent blog put it, an “era of no” has been ushered in at the Patent Office. 

The October Rulemaking: Making Bad Patents Untouchable

The USPTO’s proposed rule changes would: 

• Force defendants to surrender their court defenses if they use IPR—an intense burden for anyone actually facing a lawsuit. 
• Make patents effectively unchallengeable after a single prior dispute, even if that challenge was limited, incomplete, or years out of date.
• Block IPR entirely if a district court case is projected to move faster than the Patent Trial and Appeal Board (PTAB). 

These changes wouldn’t “balance” the system as USPTO claims—they would make bad patents effectively untouchable. Patent trolls and aggressive licensors would be insulated, while the public would face higher costs and fewer options to fight back. 

We sounded the alarm on these proposed rules and asked supporters to register their opposition. More than 4,000 of you did—thank you! Overall, more than 11,000 comments were submitted. An analysis of the comments shows that stakeholders and the public overwhelmingly oppose the proposal, with 97% of comments weighing in against it. 

In those comments, small business owners described being hit with vague patents they could never afford to fight in court. Developers and open-source contributors explained that IPR is often the only realistic check on bad software patents. Leading academics, patient-advocacy groups, and major tech-community institutions echoed the same point: you cannot issue hundreds of thousands of patents a year and then block one of the only mechanisms that corrects the mistakes.

The Linux Foundation warned that the rules “would effectively remove IPRs as a viable mechanism” for developers.

GitHub emphasized the increased risk and litigation cost for open-source communities.

Twenty-two patent law professors called the proposal unlawful and harmful to innovation.

Patients for Affordable Drugs detailed the real-world impact of striking invalid pharmaceutical patents, showing that drug prices can plummet once junk patents are removed.

Heading Into 2026

The USPTO now faces thousands of substantive comments. Whether the agency backs off or tries to push ahead, EFF will stay engaged. Congress may also revisit PERA, PREVAIL, or similar proposals next year. Some patent owners will continue to push for rules that shield low-quality patents from any meaningful review.

But 2025 proved something important: When people understand how patent abuse affects developers, small businesses, patients, and creators, they show up—and when they do, their actions can shape what happens next. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

As reproductive rights face growing attacks globally, access to content about reproductive healthcare and abortion online has never been more critical. The internet has essential information on topics like where and how to access care, links to abortion funds, and guidance on ways to navigate potential legal risks. Reproductive rights activists use the internet to organize and build community, and healthcare providers rely on it to distribute accurate information to people in need. And for those living in one of the 20+ states where abortion is banned or heavily restricted, the internet is often the only place to find these potentially life-saving resources.  

Nonetheless, both the government and private platforms are increasingly censoring abortion-related speech, at a time when we need it most. Anti-abortion legislators are actively trying to pass laws to limit online speech about abortion, making it harder to share critical resources, discuss legal options, seek safe care, and advocate for reproductive rights. At the same time, social media platforms have increasingly cracked down on abortion-related content, leading to the suppression, shadow-banning, and outright removal of posts and accounts.  

This year, we worked tirelessly to fight censorship of abortion-related information online—whether it originated from the largest social media platforms or the largest state in the U.S.   

As defenders of free expression and access to information online, we have a role to play in understanding where and how this is happening, shining a light on practices that endanger these rights, and taking action to ensure they’re protected. This year, we worked tirelessly to fight censorship of abortion-related information online—whether it originated from the largest social media platforms or the largest state in the U.S.   

Exposing Social Media Censorship 

At the start of 2025, we launched the #StopCensoringAbortion campaign to collect and spotlight the growing number of stories from users that have had abortion-related content censored by social media platforms. Our goal was to better understand how and why this is happening, raise awareness, and hold the platforms accountable.  

Thanks to nearly 100 submissions from educators, advocates, clinics, researchers, and influencers around the world, we confirmed what many already suspected: this speech is being removed and restricted by platforms at an alarming rate. Across the submissions we received, we saw a pattern of over enforcement, lack of transparency, and arbitrary moderation decisions aimed at reproductive health and reproductive justice advocates.  

Notably, almost none of the submissions we reviewed actually violated the platforms’ stated policies. The most common reason Meta gave for removing abortion-related content was that it violated policies on Restricted Goods and Services, which prohibit any “attempts to buy, sell, trade, donate, gift or ask for pharmaceutical drugs.” But the content being removed wasn’t selling medications. Most of the censored posts simply provided factual, educational information—content that’s expressly allowed by Meta.  

In a month-long 10-part series, we broke down our findings. We examined the trends we saw, including stories of individuals and organizations who needed to rely on internal connections at Meta to get wrongfully censored posts restored, examples of account suspensions without sufficient warnings, and an exploration of Meta policies and how they are wrongly applied. We provided practical tips for users to protect their posts from being removed, and we called on platforms to adopt steps to ensure transparency, a functional appeals process, more human review of posts, and consistent and fair enforcement of rules.  

Social media platforms have a First Amendment right to curate the content on their sites—they can remove whatever content they want—and we recognize that. But companies like Meta claim they care about free speech, and their policies explicitly claim to allow educational information and discussions about abortion. We think they have a duty to live up to those promises. Our #StopCensoringAbortion campaign clearly shows that this isn’t happening and underscores the urgent need for platforms to review and consistently enforce their policies fairly and transparently.  

Combating Legislative Attacks on Free Speech  

On top of platform censorship, lawmakers are trying to police what people can say and see about abortion online. So in 2025, we also fought against censorship of abortion information on the legislative front.  

EFF opposed Texas Senate Bill (S.B.) 2880, which would not only outlaw the sale and distribution of abortion pills, but also make it illegal to “provide information” on how to obtain an abortion-inducing drug. Simply having an online conversation about mifepristone or exchanging emails about it could run afoul of the law.  

On top of going after online speakers who create and post content themselves, the bill also targeted social media platforms, websites, email services, messaging apps, and any other “interactive computer service” simply for hosting or making that content available. This was a clear attempt by Texas legislators to keep people from learning about abortion drugs, or even knowing that they exist, by wiping this information from the internet altogether.  

We laid out the glaring free-speech issues with S.B. 2880 and explained how the consequences would be dire if passed. And we asked everyone who cares about free speech to urge lawmakers to oppose this bill, and others like it. Fortunately, these concerns were heard, and the bill never became law.

Our team also spent much of the year fighting dangerous age verification legislation, often touted as “child safety” bills, at both the federal and state level. We raised the alarm on how age verification laws pose significant challenges for users trying to access critical content—including vital information about sexual and reproductive health. By age-gating the internet, these laws could result in websites requiring users to submit identification before accessing information about abortion or reproductive healthcare. This undermines the ability to remain private and anonymous while searching for abortion information online. 

Protecting Life-Saving Information Online 

Abortion information saves lives, and the internet is a primary (and sometimes only) source where people can access it.  

As attacks on abortion information intensify, EFF will continue to fight so that users can post, host, and access abortion-related content without fear of being silenced. We’ll keep pushing for greater accountability from social media platforms and fighting against harmful legislation aimed at censoring these vital resources. The fight is far from over, but we will remain steadfast in ensuring that everyone, regardless of where they live, can access life-saving information and make informed decisions about their health and rights.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

　　ガザ紛争の停戦はまやかしか、それともかの地に希望の光が差し込こむのか――イスラエルによるガザ地区でのパレスチナ人のジェノサイド（集団殺害）に国際社会は非難。これに呼応し英、仏、加、豪のG７がパレスチナ国家承認を国連総会で表明した。日米は非承認だが、国連加盟約８割はパレスチナ国家を承認。トランプ米大統領もノーベル平和賞欲しさからかガザ紛争に和平介入し恒久的停戦に向けて進んでいるかのように見える。国連で採択のパレスチナとイスラエルが共存する「２国家解決」は結実するのか。エルサ..

A tidal wave of copyright lawsuits against AI developers threatens beneficial uses of AI, like creative expression, legal research, and scientific advancement. How courts decide these cases will profoundly shape the future of this technology, including its capabilities, its costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly. As these cases finished their trials and moved to appeals courts in 2025, EFF intervened to defend fair use, promote competition, and protect everyone’s rights to build and benefit from this technology.

At the same time, rightsholders stepped up their efforts to control fair uses through everything from state AI laws to technical standards that influence how the web functions. In 2025, EFF fought policies that threaten the open web in the California State Legislature, the Internet Engineering Task Force, and beyond.

Fair Use Still Protects Learning—Even by Machines

Copyright lawsuits against AI developers often follow a similar pattern: plaintiffs argue that use of their works to train the models was infringement and then developers counter that their training is fair use. While legal theories vary, the core issue in many of these cases is whether using copyrighted works to train AI is a fair use.

We think that it is. Courts have long recognized that copying works for analysis, indexing, or search is a classic fair use. That principle doesn’t change because a statistical model is doing the reading. AI training is a legitimate, transformative fair use, not a substitute for the original works.

More importantly, expanding copyright would do more harm than good: while creators have legitimate concerns about AI, expanding copyright won’t protect jobs from automation. But overbroad licensing requirements risk entrenching Big Tech’s dominance, shutting out small developers, and undermining fair use protections for researchers and artists. Copyright is a tool that gives the most powerful companies even more control—not a check on Big Tech. And attacking the models and their outputs by attacking training—i.e. “learning” from existing works—is a dangerous move. It risks a core principle of freedom of expression: that training and learning—by anyone—should not be endangered by restrictive rightsholders.

In most of the AI cases, courts have yet to consider—let alone decide—whether fair use applies, but in 2025, things began to speed up.

But some cases have already reached courts of appeal. We advocated for fair use rights and sensible limits on copyright in amicus briefs filed in Doe v. GitHub, Thomson Reuters v. Ross Intelligence, and Bartz v. Anthropic, three early AI copyright appeals that could shape copyright law and influence dozens of other cases. We also filed an amicus brief in Kadrey v. Meta, one of the first decisions on the merits of the fair use defense in an AI copyright case.

How the courts decide the fair use questions in these cases could profoundly shape the future of AI—and whether legacy gatekeepers will have the power to control it. As these cases move forward, EFF will continue to defend your fair use rights.

Protecting the Open Web in the IETF

Rightsholders also tried to make an end-run around fair use by changing the technical standards that shape much of the internet. The IETF, an Internet standards body, has been developing technical standards that pose a major threat to the open web. These proposals would give websites to express “preference signals” against certain uses of scraped data—effectively giving them veto power over fair uses like AI training and web search.

Overly restrictive preference signaling threatens a wide range of important uses—from accessibility tools for people with disabilities to research efforts aimed at holding governments accountable. Worse, the IETF is dominated by publishers and tech companies seeking to embed their business models into the infrastructure of the internet. These companies aren’t looking out for the billions of internet users who rely on the open web.

That’s where EFF comes in. We advocated for users’ interests in the IETF, and helped defeat the most dangerous aspects of these proposals—at least for now.

Looking Ahead

The AI copyright battles of 2025 were never just about compensation—they were about control. EFF will continue working in courts, legislatures, and standards bodies to protect creativity and innovation from copyright maximalists.

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