What legal effects does a published SIR have?

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.

A published SIR has several important legal effects:

1. It is treated the same as a U.S. patent for all defensive purposes.
2. It can be used as a reference as of its filing date, similar to a patent.
3. It constitutes a “constructive reduction to practice” under pre-AIA 35 U.S.C. 102(g).
4. It serves as “prior art” under all applicable sections of 35 U.S.C. 102, including 35 U.S.C. 102(a)(2) and pre-AIA 35 U.S.C. 102(e).

The MPEP states: In accordance with pre-AIA 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 a patent.