Is the Statutory Invention Registration (SIR) Program still available for new applications?

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.

No, the Statutory Invention Registration (SIR) Program is no longer available for new applications. According to MPEP 1513, “Effective March 16, 2013, the provisions of 35 U.S.C. 157 were repealed.“

The SIR Program, which was established on May 8, 1985, under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297, was an alternative to traditional patents. It allowed inventors to establish prior art without going through the full patent examination process.

While the program applied to utility, plant, and design applications during its operational period, it is no longer an option for inventors seeking to protect their intellectual property or establish prior art. Inventors should now consider other strategies, such as regular patent applications or defensive publications through non-patent literature, to achieve similar goals.