M.P.E.P. 1100 Statutory Invention Registration (SIR) [Pre-AIA] and the Pre-Grant Publication Process and Document Flashcards
Statutory Invention Registration (SIR)
AIA done away with.
Questioned on Pre-AIA, when you don’t have the budget to file the rest.
Hybrid: Government Agent can file an application
-gets 102(e) from filing after publishing
Does not bestow rights, a shield from interference.
Protects create from lawsuit, and could be sword on prior art.
The Pre-Grant Publication “PG PUB” Process and Document
Applies to Applications filed on or after 11/29/00,
Unexamined, gets published.
Applies to:
1. CON/DIV/CIP
2. National Stage/International Applications
3. New applications
**Not Design
What applications with not publish under Pre-Grant Publication Process?
- No longer pending applications
- Applications under Secrecy Order
- Provisional Applications
- Design Applications
AND - Applications including requests not to publish
Opting Out (Request to Not Publish)
Only if the invention has not be and will not be subject of an application filed in another county (under WIPO/NAFTA) that requires 18 Month Publication.
- No present intent to file outside US
Must be:
1. made upon filing
2. Signed certification
AND
3. Conspicuous
Conspicuous Defined
Standing out as to be clearly visable
What if you have changed your mind?
You have 45 days to:
1. Tell where you filed internationally
2. You rescind your request.
Can you change your publication?
Yes by using EFS.
**Needs to be in withint 16 months of filing date.
**You must turn in a redacted version.
What gets published?
Everything filed.
Publication As Prior Art??
Needs to double check because they have not been examined.
**Be aware when you get rejected by this.
Access to Application After Publication
Not direct physical access.
USPTO provides (for $200 for <= 400 pages, $25):
1. Copy of file wrapper
AND
2. Contents of published application
OR
3. Specific papers.
