What is a Statutory Invention Registration (SIR)?

A Statutory Invention Registration (SIR) is a defensive publication that provides some of the benefits of a patent without granting enforceable rights. As stated in the MPEP, A statutory invention registration is not a patent. It has the defensive attributes of a patent but does not have the enforceable attributes of a patent. SIRs are…

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What is the Statutory Invention Registration (SIR) Program?

The Statutory Invention Registration (SIR) Program was a system that replaced the former Defensive Publication Program, effective May 8, 1985. It was established under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297. As stated in MPEP 1513: “The Statutory Invention Registration (SIR) Program applies to utility, plant, and design applications.” This program…

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What replaced the Defensive Publication Program in patent law?

According to MPEP 1513, the Defensive Publication Program was replaced by the Statutory Invention Registration (SIR) Program. Specifically, it states: “Effective May 8, 1985, the Statutory Invention Registration (SIR), 35 U.S.C. 157, and 37 CFR 1.293 – 1.297 replaced the former Defensive Publication Program.“ The SIR Program provided inventors with an alternative way to establish…

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What 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…

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Can a pre-AIA 37 CFR 1.47 application be published as a Statutory Invention Registration?

Yes, a pre-AIA 37 CFR 1.47 application can be published as a Statutory Invention Registration, but with a specific condition. According to the MPEP: “An application filed under pre-AIA 37 CFR 1.47 can be published as a Statutory Invention Registration (provided the request for a Statutory Invention Registration was filed before March 16, 2013).” It’s…

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