How 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 based on anticipation or obviousness.

It’s important to note that while the USPTO no longer issues SIRs as of March 16, 2013, existing SIRs can still be used as prior art. The MPEP 1111 states: ‘Although the SIR program has been eliminated, pre-existing SIRs may still be cited and used as prior art under 35 U.S.C. 102(a)(1).’

Applicants and examiners should be aware of relevant SIRs when considering the patentability of claims.

To learn more:

• Statutory Invention Registrations
• SIRs
• prior art
• patent claims
• 35 U.S.C. 102(a)(1)

To learn more:

• 35 U.S.C. 102(a)(1)