Can a SIR holder file a reissue application?
No, a Statutory Invention Registration (SIR) holder cannot file a reissue application to recapture the rights waived by the initial publication of the SIR. The MPEP clearly states:
The holder of a SIR will not be able to file a reissue application to recapture the rights, including the right to exclude others from making, using, selling, offering to sell, or importing the invention, that were waived by the initial publication of the SIR.
This means that once a SIR is published, the waiver of patent rights is permanent and cannot be reversed through a reissue process.
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