Before the America Invents Act was completely implemented this past March, an inventor that did not want to pursue a patent, but still wanted credit for idea could file a Statutory Invention Registration (SIR).
First implemented in 1984, SIRs once served as a useful defensive tool because they constituted prior art as of the filing date. SIRs were attractive to inventors who did not want to pursue a patent, but still wanted to prevent others from doing so. However, their use declined substantially with the implementation of 18-month timeline for the publication of applications.
The USPTO has indicated that it will consider any pending requests for SIRs filed before March 16, 2013. However, requests for SIRs filed on or after March 16, 2013 will not be treated by the Office. To achieve the same goal under the AIA, patent applicants will now need to file a non-provisional patent application and allow it to be published.
As this post highlights, the AIA has resulted in widespread changes to the U.S. patent system. To find out more about how it may impact you or your business, please contact our experienced patent attorneys for a free 30-minute consultation.
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– Ex astris, scientia –
I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +