Flashcards in M.P.E.P. 1100 Statutory Invention Registration (SIR) [Pre-AIA] and the Pre-Grant Publication Process and Document Deck (10)
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.
2. National Stage/International Applications
3. New applications
What applications with not publish under Pre-Grant Publication Process?
1. No longer pending applications
2. Applications under Secrecy Order
3. Provisional Applications
4. Design Applications
5. 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
1. made upon filing
2. Signed certification
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?
Publication As Prior Art??
Needs to double check because they have not been examined.
**Be aware when you get rejected by this.