This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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 important to note that this option is only available for requests filed before March 16, 2013, as the America Invents Act eliminated Statutory Invention Registrations for applications filed on or after that date.