Media Mentions

Mark Privratsky Discusses Patent Reform and the America Invents Act with Twin Cities Business Magazine


The Twin Cities Business Magazine article, “Patent Reform: File First, Announce Second,” details the changes to the U.S. patent system as a result of the America Invents Act (AIA). The AIA was passed by Congress in 2011 and is the first major overhaul of the U.S. patent system since 1952 and arguably the biggest change since 1836. But the change that most demands attention from companies is a provision that took effect March 16, in which the U.S. Patent and Trademark Office now awards patents not to the first claimant who devises an innovation but to the first who files a patent application for it. Regardless of the intent, the message to companies is the same: File for patent protection before you publicize your innovation.

Think of this part of the America Invents Act as “a wake-up call that patents aren’t an afterthought,” urges IP attorney Mark Privratsky. If you come up with an innovation, he says, “a patent isn’t something you can think about later.” He continues, “You’ve got to be more diligent than you used to about protecting your inventions. People will be watching the marketplace to spot ways to solve problems in your industry. If you’re dumb enough to show an invention at a trade show before you file, [competitors will have] people on standby ready to file applications.”

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