How are Statutory Invention Registrations (SIRs) treated under pre-AIA 35 U.S.C. 102(e)?
Statutory Invention Registrations (SIRs) are treated similarly to U.S. patents under pre-AIA 35 U.S.C. 102(e). The MPEP explains: “In accordance with former 35 U.S.C. 157(c), a published SIR will be treated the same as a U.S. patent for all defensive purposes, usable as a reference as of its filing date in the same manner as…
Read MoreWhen was the Statutory Invention Registration (SIR) provision repealed?
The Statutory Invention Registration (SIR) provision was repealed on March 16, 2013, as part of the America Invents Act. According to MPEP 1101: “The provisions of pre-AIA 35 U.S.C. 157 were repealed on March 16, 2013, effective for any request filed on or after that date. See §3(e) of the America Invents Act.” This means…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreIs 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 According to MPEP 1513, “Effective March 16, 2013, the provisions of 35 U.S.C. 157 were repealed.“ The SIR Program, which was established on May 8, 1985, under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297, was an alternative…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 MoreWhere can I find guidance on Statutory Invention Registration (SIR) requests filed before March 16, 2013?
For guidance on Statutory Invention Registration (SIR) requests filed before March 16, 2013, you should refer to the ninth revision of the Eighth Edition of the MPEP published in August 2012. As stated in MPEP 1101: “Guidance on requests filed before March 16, 2013 may be found in the ninth revision of the Eighth Edition…
Read MoreWhat 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…
Read MoreCan I still file a request for a Statutory Invention Registration (SIR)?
No, you can no longer file a request for a Statutory Invention Registration (SIR). MPEP 1101 clearly states: “Requests for a statutory invention registration filed on or after March 16, 2013 will not be treated as the provisions of pre-AIA 35 U.S.C. 157 were repealed on March 16, 2013, effective for any request filed on…
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 MoreCan 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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