What replaced the Defensive Publication Program in patent law?
According to MPEP 1513, the Defensive Publication Program was replaced by the Statutory Invention Registration (SIR) Program. Specifically, it states: “Effective May 8, 1985, the Statutory Invention Registration (SIR), 35 U.S.C. 157, and 37 CFR 1.293 – 1.297 replaced the former Defensive Publication Program.“
The SIR Program provided inventors with an alternative way to establish prior art without obtaining a patent. It applied to utility, plant, and design applications, offering a broader scope than its predecessor.
However, it’s important to note that the SIR Program itself has been discontinued. The MPEP section further states: “Effective March 16, 2013, the provisions of 35 U.S.C. 157 were repealed.” This means that while the SIR Program replaced the Defensive Publication Program, it is no longer available for new applications as of 2013.
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