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Chapter 1100: Statutory Invention Registration (SIR) and Pre-Grant Publication (PG Pub)


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   Summary:

Statutory invention registration (SIR) provided inventors with a means for placing their invention in the public domain and allowing members of the public access to it. Only requests for a statutory invention registration filed prior to March 16, 2013 are timely.

The SIR only served as a printed notice of the disclosed invention. SIR’s were printed in the Official Gazette. Therefore, an SIR becomes a prior art reference after its publication date, barring anyone else from ever gaining a patent on that particular invention.

All applications are scheduled for publication 18 months after their filing date. This chapter covers publication, nonpublication and redacted publication procedures.

It is very unlikely that you will see more than one question dealing with Statutory Invention Registrations on the patent bar exam. Publication of an application will likely be asked in at least a couple of questions. Therefore, the publication section of this chapter is the part you should spend the most time on.

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   Chapter Ranking Chart:

Importance Ranking:
1-Star
  
Volume of Material:
2-Stars
  
Complexity:
3-Stars
  
Overall Score:
2.0
  

 


   MPEP Section Frequency:
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   Patent Training Workshop Videos:

 


   Video Digest:



   Mindmap:


   Objectives

  • Know how to withdraw or convert an SIR.
  • Know about the petition involved with reviewing the PTO’s decision to refuse to publish an SIR.
  • Learn the details of publication and nonpublication.
  • Know the following laws and rules:

35 C.F.R. 1.99

Third-party submission in published application

37 C.F.R. 1.211

Publication of applications.

37 C.F.R. 1.213

Nonpublication request.

35 C.F.R. 1.215

Patent application publication.

35 C.F.R. 1.217

Publication of a redacted copy of an application.

37 C.F.R. 1.219

Early publication.

35 C.F.R. 1.221

Voluntary publication or republication of patent application publication.

37 C.F.R. 1.293

Statutory invention registration.

37 C.F.R. 1.295

Review of decision finally refusing to publish a statutory invention registration.

37 C.F.R. 1.297

Publication of statutory invention registration.

35 U.S.C. 122

Confidential status of applications; publication of patent applications.

35 U.S.C. 157

Statutory invention registration.



   Key Terms