How does the waiver of patent rights in a SIR affect related applications?

The waiver of patent rights in a SIR can significantly affect related applications:

• The waiver takes effect on publication of the SIR.
• It may affect the patentability of claims in related applications without SIR requests, such as divisional or other continuing applications.
• The waiver is effective for all inventions claimed in the SIR.
• It waives the right to obtain a patent on the same invention claimed in any other application not issued before the publication date of the SIR.

The MPEP advises: Examiners should apply standards similar to those applied in making “same invention” double patenting determinations to determine whether a waiver by an inventor to claims in a SIR precludes patenting by the same inventor to subject matter in any related application.

To learn more:

• SIR waiver
• related applications
• patent rights
• double patenting