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

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.

To learn more:

• Statutory Invention Registration
• SIR
• Prior Art
• Filing Date