Are Statutory Invention Registrations (SIRs) still accepted by the USPTO?
No, Statutory Invention Registrations (SIRs) are no longer accepted by the USPTO. According to MPEP 901.06(d): “However, requests for a statutory invention registration filed on or after March 16, 2013 will not be processed, as the provisions of pre-AIA 35 U.S.C. 157 governing Statutory Invention Registrations were repealed.” This change was part of the America…
Read MoreWhat is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448: “Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct,…
Read MoreWhat changes were made to the Board’s name and duties in recent legislation?
The America Invents Act (AIA), enacted as Pub. L. 112-29, made significant changes to the patent appeal board. According to the MPEP: “35 U.S.C. 6 was amended in Pub. L. 112-29, sec. 7. In addition to changing the duties of the Board and clarifying its membership, the name of the Board was changed from the…
Read MoreWhat changes were made to the reissue process by the America Invents Act?
The America Invents Act (AIA) made a significant change to the reissue process. As stated in the MPEP: “Effective September 16, 2012, Public Law 112-29, sec. 20, 125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended 35 U.S.C. 251 to eliminate the ‘without deceptive intention’ clause.” This change means that for reissue applications filed on…
Read MoreHow does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?
The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012. The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant…
Read MoreWhat changes did the America Invents Act (AIA) bring to the patent appeal process?
The America Invents Act (AIA) introduced significant changes to the patent appeal process. MPEP 1201 notes: “Unless otherwise noted, the discussion of the ex parte appeal practice before the Board in this chapter is primarily directed to appeals wherein the notice of appeal was filed on or after January 23, 2012, or to proceedings commenced…
Read MoreWhat replaced the Statutory Invention Registration (SIR) system?
The Statutory Invention Registration (SIR) system was not directly replaced by any specific mechanism. After its repeal on March 16, 2013, as part of the America Invents Act, inventors seeking to disclose their inventions without obtaining full patent rights may consider other options such as defensive publications or standard patent applications. The MPEP 1101 does…
Read MoreHow does the America Invents Act (AIA) affect the determination of the 371(c) date?
The America Invents Act (AIA) has impacted the determination of the 371(c) date in national stage applications. The MPEP states: “Because of changes implemented pursuant to the America Invents Act (AIA), and in particular, the ability to postpone the submission of the oath or declaration required under 35 U.S.C. 371(c)(4) under certain conditions, the requirements…
Read MoreHow does the America Invents Act (AIA) affect affidavits and declarations under 37 CFR 1.131(a)?
The America Invents Act (AIA) has significantly impacted the applicability of affidavits and declarations under 37 CFR 1.131(a): For applications subject to the first inventor to file provisions of the AIA, 37 CFR 1.131(a) is generally not applicable. These affidavits or declarations can still be used to overcome rejections under pre-AIA 35 U.S.C. 102(g). For…
Read MoreWhen were public use proceedings discontinued by the USPTO?
Public use proceedings were discontinued by the United States Patent and Trademark Office (USPTO) on September 16, 2012. The MPEP clearly states: Effective September 16, 2012, former 37 CFR. 1.292 authorizing petitions seeking institution of public use proceedings was removed from title 37. This change was part of broader reforms to the U.S. patent system…
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