Is the Statutory Invention Registration (SIR) Program still available for new applications?
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 According to MPEP 1513, “Effective March 16, 2013, the provisions of 35 U.S.C. 157 were repealed.“ The SIR Program, which was established on May 8, 1985, under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297, was an alternative…
Read MoreWhat is the difference between a design patent and a utility patent?
What is the difference between a design patent and a utility patent? Design patents and utility patents protect different aspects of inventions: Design Patents: Protect the ornamental appearance of an article of manufacture. Utility Patents: Protect the functional aspects of an invention. According to MPEP 1504.01: “A design for an article of manufacture may be…
Read MoreHow does the USPTO balance trade secret protection with patent disclosure?
The USPTO aims to strike a balance between protecting trade secrets and encouraging patent disclosure for public benefit. This approach is reflected in the sentiment expressed in MPEP 724, which cites the court’s opinion in In re Sarkar: [T]hat wherever possible, trade secret law and patent laws should be administered in such manner that the…
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