How are Statutory Invention Registrations (SIRs) treated under pre-AIA 35 U.S.C. 102(e)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Statutory Invention Registrations (SIRs) are treated similarly to U.S. patents under pre-AIA 35 U.S.C. 102(e). The MPEP explains: “In accordance with former 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 U.S. patent. A SIR is prior art under all applicable sections of 35 U.S.C. 102 including pre-AIA 35 U.S.C. 102(e).” This means that a published SIR can be used as prior art under pre-AIA 35 U.S.C. 102(e) in the same way as a U.S. patent, with its filing date serving as the effective prior art date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA 35 U.S.C. 102(e) Publication Date for Patent MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Application Guidelines MPEP 2136 Required Published SIR Treated as U.S. Patent for Defensive Purposes MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Publication Date Requirement MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Publication Date MPEP 2136 Examples of Pre-AIA 35 U.S.C. 102(e) Prior Art Dates MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is December 8, 2000 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is June 21, 1999 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is March 1, 2001 MPEP 2136 Publication Date for USPTO Under Pre-AIA 35 U.S.C. 102(e)(1) MPEP 2136 Other Related FAQs 5 FAQs Collapse What is the relevance of the inventive entity in pre-AIA 35 U.S.C. 102(e) rejections? What is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)? How are provisional application filing dates considered under pre-AIA 35 U.S.C. 102(e)? What is the significance of pre-AIA 35 U.S.C. 102(e) in patent law...