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 processed.”
SIRs served a similar purpose to Defensive Publications, allowing inventors to disclose their inventions without pursuing a full patent. However, it’s important to note that SIRs are no longer accepted, as the relevant provisions were repealed for applications filed on or after March 16, 2013.
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