Why Your Startup Can’t Ignore the PREVAIL Act in 2025

 

While the PERA Act is restoring eligibility for patents, the PREVAIL Act (also passed in 2025) addresses a different — but equally critical — issue: enforcement.

If you’re a startup founder or solo inventor, you’ve probably worried: What happens if a bigger company copies my invention?

That’s exactly what the PREVAIL Act aims to solve.

🛡️ What Is the PREVAIL Act?

The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) is designed to strengthen the rights of patent holders — particularly against large corporations that use the PTAB (Patent Trial and Appeal Board) to invalidate patents after they’ve been granted.

Key changes under the act include:

  • Making it harder for patents to be unfairly invalidated via post-grant challenges.

  • Creating balance between small inventors and big corporate defendants.

  • Reducing duplicate proceedings (so you're not fighting battles on multiple fronts).

📉 Why This Matters for Startups

In the past, even after securing a patent, many small businesses lost it due to expensive and biased challenges in the PTAB. The PREVAIL Act:

  • Levels the playing field.

  • Makes patent protection more enforceable.

  • Increases the value of holding a patent.

In short: your patent now defends your business better than before.

📈 What Should Startups Do in 2025?

  1. Don’t Delay Your Patent Strategy
    With stronger protection in place, it's smart to begin your filing process now.

  2. Protect Core Tech Early
    Especially if your startup is raising capital or planning an exit.

  3. Work with Experts
    Patent language, structure, and documentation are now more critical to long-term enforceability.

📞 Let's Get Your Startup Secured

From idea logging to full patent support, we help innovators align with the latest law. Don’t leave your future vulnerable.

📍 Get your invention reviewed under 2025 compliance rules.
👉 [ownmyinvention.com/invention-ideas]


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