What legal effects does a published SIR have?

A published SIR has several important legal effects:

1. It is treated the same as a U.S. patent for all defensive purposes.
2. It can be used as a reference as of its filing date, similar to a patent.
3. It constitutes a “constructive reduction to practice” under pre-AIA 35 U.S.C. 102(g).
4. It serves as “prior art” under all applicable sections of 35 U.S.C. 102, including 35 U.S.C. 102(a)(2) and pre-AIA 35 U.S.C. 102(e).

The MPEP states: In accordance with pre-AIA 35 U.S.C. 157(c), a published SIR will be treated the same as a U.S. patent for all defensive purposes, usable as a reference as of its filing date in the same manner as a patent.

To learn more:

• SIR legal effects
• prior art
• constructive reduction to practice
• defensive purposes