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MPEP 1100
Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions
Brief 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.
All applications are scheduled for publication 18 months after their filing date. This chapter covers publication, nonpublication and redacted publication procedures.
Key Terms:
| Confidential Status | Confidential status refers to the period during which a patent application is kept secret and not publicly disclosed, typically until 18 months after the filing date, unless the applicant requests earlier publication. |
| Express Abandonment | Express abandonment is the formal process by which an applicant voluntarily withdraws a patent application, ceasing any further examination or consideration by the patent office. |
| Foreign Filing | Foreign filing refers to the process of applying for patent protection in countries outside the applicant’s home country, often requiring compliance with international treaties and specific national laws. |
| Nonpublication | Nonpublication refers to a request by the applicant to prevent a patent application from being published, typically to maintain confidentiality if the invention will not be pursued outside the United States. |
| Publication | Publication refers to the process by which a patent application is made publicly available, typically 18 months after the filing date, allowing the details of the invention to be accessible to the public. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.14 – Patent applications preserved in confidence. |
| 37 CFR 1.14 ensures that patent applications are kept confidential by the United States Patent and Trademark Office, with limited exceptions for publication, access by the applicant, or when required by law. |
| 37 CFR 1.137 – Revival of abandoned application, or terminated or limited reexamination prosecution. |
| 37 CFR 1.137 allows for the revival of an abandoned patent application or a terminated or limited reexamination prosecution if the delay was unintentional or unavoidable, provided the applicant submits a petition with the required fee and statement. |
35 USC (United States Code):
| 35 USC 122 – Confidential status of applications; publication of patent applications. |
| 35 USC 122 maintains the confidentiality of patent applications prior to publication, requiring that they be kept secret unless published 18 months after filing, with certain exceptions for access by the applicant or when necessary for patent examination. |
Quick Statistics:
Number of Pages: 58 pgs
Sections: 1101 – 1135
List of Sections:
| 1101 | Request for Statutory Invention Registration (SIR) |
| 1102 – 1110 | [Reserved] |
| 1111 | SIR Publication and Effect |
| 1112 – 1119 | [Reserved] |
| 1120 | Eighteen-Month Publication of Patent Applications |
| 1121 | Content of a Patent Application Publication |
| 1122 | Requests for Nonpublication |
| 1123 | Rescission of a Nonpublication Request |
| 1124 | Notice of Foreign Filing |
| 1125 | Express Abandonment to Avoid Publication |
| 1126 | Publication Fees |
| 1127 | Notice of Publication |
| 1128 | Availability of Published Applications |
| 1129 | Request for Early Publication |
| 1130 | Republication and Correction of Patent Application Publications |
| 1131 | [Reserved] |
| 1132 | Requests for Redacted Publication |
| 1133 | Voluntary Publication |
| 1134 | Third Party Inquiries and Correspondence in a Published Application |
| • 1134.01 Third Party Submissions Under 37 CFR 1.290 | |
| 1135 | PGPub Forms |