What replaced Defensive Publications in the USPTO system?
Statutory Invention Registrations (SIRs) replaced Defensive Publications in the USPTO system. As stated in MPEP 901.06(d): “On May 8, 1985, the U.S. Patent and Trademark Office stopped accepting Defensive Publication requests and began accepting applications for Statutory Invention Registrations (SIRs), although there was an overlap period where both Defensive Publications and Statutory Invention Registrations were…
Read MoreWhat were Defensive Publications in the patent system?
Defensive Publications were a type of USPTO publication for provisionally abandoned patent applications. According to MPEP 901.06(d): “Defensive Publications (the O.G. defensive publication and search copy) are U.S. Patent and Trademark Office publications of provisionally abandoned applications wherein the applicant retains their rights to an interference for a limited time period of 5 years from…
Read MoreWhat are “Defensive Publications” in patent law?
What are “Defensive Publications” in patent law? Defensive Publications are technical disclosures published to prevent others from patenting the disclosed invention. The Manual of Patent Examining Procedure (MPEP) 901.06(d) states: “Defensive Publications (the O.G. Defensive Publication and Statutory Invention Registration (SIR)) are technical disclosures of subject matter that can be used as prior art as…
Read MoreWhat are defensive publications in patent examination?
Defensive publications, as mentioned in MPEP 901.06(d), are documents published to establish prior art without pursuing patent protection. The MPEP states: “Defensive Publications, which are patent applications voluntarily published without examination, are included in the search files.” These publications serve as a defensive strategy to prevent others from patenting similar inventions. They are considered prior…
Read MoreHow are Defensive Publications numbered?
Defensive Publications have had different numbering systems over time. According to MPEP 901.06(d): “Distinct numbers are assigned to all Defensive Publications published December 16, 1969 through October 1980. For Defensive Publications published on and after November 4, 1980, a different numbering system is used.” For older Defensive Publications, there is a conversion system: “A conversion…
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 are Defensive Publications cited as prior art?
Defensive Publications are cited as prior art under specific conditions: They are considered printed publications and cited under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b). They become effective as prior art from the date of publication in the Official Gazette. They can be used alone or in combination with other prior art…
Read MoreWhat is the difference between a Defensive Publication and a patent application publication?
A Defensive Publication is distinct from a patent application publication in several ways: It is not a patent or an application publication under 35 U.S.C. 122(b). It is considered a publication for prior art purposes. It becomes prior art only as of its publication date. The applicant waives rights to an enforceable patent when opting…
Read MoreNo more FAQs
All relevant information from MPEP 711.06 has been covered in previous FAQs. No additional meaningful questions can be generated without redundancy. To learn more: MPEP patent examination abstracts abbreviatures defensive publications To learn more: Patentability Report P.R.
Read MoreWhat are Abstracts, Abbreviatures, and Defensive Publications in patent law?
Abstracts, Abbreviatures, and Defensive Publications are historical forms of patent-related publications that were used to disclose inventions without pursuing a full patent: Abstracts: Summaries of abandoned applications, published from 1949 to 1953. Abbreviatures: Specific portions of abandoned applications, published from 1964 to 1965. Defensive Publications: Abstracts of pending applications where the applicant waived rights to…
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