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 MoreHow are Statutory Invention Registrations (SIRs) numbered?
Statutory Invention Registrations (SIRs) have a specific numbering system. According to MPEP 901.06(d): “Statutory Invention Registrations are numbered with document category “H,” beginning with “H1.” This unique numbering system distinguishes SIRs from regular patents and other USPTO publications. It’s important for patent searchers and examiners to be aware of this system when conducting prior art…
Read MoreAre 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2013 will not be processed, as the provisions of pre-AIA 35 U.S.C. 157 governing Statutory Invention Registrations were repealed.”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 MoreHow do Statutory Invention Registrations (SIRs) affect patent claims?
Statutory Invention Registrations (SIRs) can have an impact on patent claims, as mentioned in MPEP 715.01(d). Here’s what you need to know: SIRs are listed among the activities that can be used against claims in a patent application. They can serve as prior art in the examination process. SIRs may be cited to reject claims…
Read MoreWhat patent application files are open to public inspection?
According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…
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