Congress is Lagging on Innovation Policy; Americans Are Paying the Price

Intellectual property (IP) protections don’t merely shield Americans’ ideas and designs from theft—they underpin our entire economy and standard of living. Approximately 90% of the market value of the S&P 500 is in intangible assets, based on IP. Weakened IP protections erode American prosperity and human potential as IP-intensive industries support 63 million U.S. jobs and account for over 40% of America’s economic output.

Most Americans scarcely appreciate how much their lives depend on the innovative and creative industries enabled by IP. And that’s understandable. Patents, trademarks, copyrights, and trade secrets seem arcane and confusing. But the data demonstrates, and the fact is, that strong IP policies and protections shape the opportunities people can pursue and provide the security they depend on in their work and with their families.

Keeping Score

Unfortunately, many of the people actually setting our nation’s policies are also disengaged with regard to IP. This week, the Council for Innovation Promotion released its third Congressional Innovation Scorecard, accompanied by a newly launched interactive online platform — a data-driven assessment of how every member of Congress engages with IP policies. And almost two-thirds of all lawmakers earned a grade of ‘C’ or below.

The Scorecard evaluates each member of Congress based on verifiable actions taken during the last three sessions of Congress: their votes on IP-related legislation, sponsorship and co-sponsorship of bills, and public advocacy/leadership on IP issues. These actions are weighted by impact—with core votes and sponsorship of IP-centric bills scored more heavily than activities directed to bills only slightly touching on IP, and lower-profile advocacy.

To put it bluntly, while likely every member of Congress would say they are “pro-innovation,” the Scorecard measures how well members are actually voting and advocating in favor of innovation.

Members earn or lose points accordingly. Support for high-impact bills such as the PREVAIL Act, the RESTORE Patent Rights Act, PERA, the NO FAKES Act, and the SHOP SAFE Act help drive higher grades for members of Congress. Final grades are assigned using a standard A-F scale based on each member’s total score and their relative performance compared to peers.

Several members stood out for their leadership. Senators Chris Coons (D-DE), Thom Tillis (R-NC), Marsha Blackburn (R-TN), and Mazie Hirono (D-HI), alongside Representatives Nathaniel Moran (R-TX) and Deborah Ross (D-NC), each earned an ‘A+’ grade for consistently advancing legislation to strengthen the U.S. innovation ecosystem. A few others received a solid ‘A.’

It is heartening that the percentage of members achieving ‘B+’ or better increased over the three scorecard editions C4IP has published from 2% in 2024 to 11% this year.

But on the whole, Congress is falling short—even though IP-intensive industries are central to jobs and economic growth in every state.

The Path Forward

IP is a particularly critical engine of small business growth. Startups with patents attract 76% more venture capital within three years and experience 55% higher employment growth over five years compared to those without patents.

Given these stakes, stronger congressional engagement is essential to ensure that federal policy keeps pace with the evolving innovation economy.

The good news? There’s a clear path forward. Congress has ready-made opportunities to strengthen the U.S. innovation system by advancing bipartisan bills with broad support.

The RESTORE Patent Rights Act, for instance, would address a key weakness in U.S. patent enforcement by restoring the presumption that proven infringement should generally result in an injunction halting unauthorized use.

The PREVAIL Act, meanwhile, would improve the fairness, consistency, and efficiency of proceedings before the Patent Trial and Appeal Board (PTAB). Specifically, it would curb duplicative challenges, harmonize standards with federal courts, and address procedural abuses that have made it unduly difficult for inventors to defend their patents.

And PERA would reestablish clear, predictable rules around what types of inventions—including critical innovations in medical diagnostics, life sciences, and computer-implemented technologies—are eligible for patent protection.

These bills are pragmatic, targeted solutions. They are bipartisan and bicameral, supported by lawmakers who earned top marks in the Scorecard—and they offer a straightforward path to renewed confidence in the legal systems supporting America’s innovation engine.

These reforms also come at a critical moment. Global competitors are scaling up their innovation strategies and investing heavily in research and development. At the same time, U.S. companies face mounting threats—from counterfeit goods and predatory infringement to IP theft and policy proposals that would undermine core protections. Congress cannot afford to sit back.

From Rhetoric to Action

The Scorecard offers a roadmap for lawmakers ready to turn “pro-innovation” rhetoric into action. Every member of Congress represents a district or state with a direct stake in the strength of the IP system.

Now is the time to meet with local inventors, artists, and entrepreneurs. Understand what’s at risk—and what’s possible. For every member of Congress who claims to be pro-innovation—which is to say, about every member—the Scorecard puts those claims to the test. And any member scoring low on the Scorecard simply is not pro-innovation, no matter what they say.

There’s no shortage of opportunities to lead. The question is whether Congress will meet the moment—and secure the future of American innovation.

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