MPEP § 1111 — MPEP § 1111
Current through: 2022-07-01

1111-SIR Publication and Effect 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 1100 

 Section 1111 
 

 
 
 
 
 
 1111 SIR Publication and Effect [R-11.2013]

 
 (pre-2013-03-16) 37 CFR 1.297 Publication of statutory invention registration. 

 
 (a) If the request for a statutory invention registration is approved
 the statutory invention registration will be published. The statutory invention
 registration will be mailed to the requester at the correspondence address as
 provided for in § 1.33(a) . A notice of the
 publication of each statutory invention registration will be published in the
 Official Gazette. 

 (b) Each statutory invention registration published will include a
 statement relating to the attributes of a statutory invention registration. The
 statement will read as follows:
 
 A statutory invention registration is not a
 patent. It has the defensive attributes of a patent but does not have the
 enforceable attributes of a patent. No article or advertisement or the like may
 use the term patent, or any term suggestive of a patent, when referring to a
 statutory invention registration. For more specific information on the rights
 associated with a statutory invention registration see 35 U.S.C.
 157 .
 

 
 

 
 

 Published SIRs are sequentially numbered in a separate “H” series,
 starting with number “H1”. For a description of the “kind codes” used on other documents
 published by the U.S. Patent and Trademark Office, see MPEP § 901.04(a) . 
 

 In accordance with pre-AIA 35 U.S.C. 157(c) , a published
 SIR will be treated the same as a U.S. patent for all defensive purposes, usable as a
 reference as of its filing date in the same manner as a patent. A SIR is a “constructive
 reduction to practice” under pre-AIA 35 U.S.C. 102(g) and “prior
 art” under all applicable sections of 35 U.S.C. 102 including
 35 U.S.C.
 102(a)(2) and pre-AIA 35 U.S.C. 102(e) . SIRs are
 classified, cross-referenced, and placed in the search files, disseminated to foreign
 patent offices, stored in U.S. Patent and Trademark Office computer data bases, made
 available in commercial data bases, and announced in the Official
 Gazette. 

 The waiver of patent rights to the subject matter claimed in a statutory
 invention registration takes effect on publication ( pre-AIA 37 CFR 1.293(c) ) and may affect
 the patentability of claims in related applications without SIR requests, such as
 divisional or other continuing applications, since the waiver of patent rights is effective
 for all inventions claimed in the SIR and would effectively waive the right of the inventor
 to obtain a patent on the invention claimed in the same application or on the same
 invention claimed in any other application not issued before the publication date of the
 SIR. If an application containing generic claims is published as a SIR, the waiver in that
 application applies to any other related applications to the extent that the same invention
 claimed in the SIR is claimed in the other application. Examiners should apply standards
 similar to those applied in making “same invention” double patenting determinations to
 determine whether a waiver by an inventor to claims in a SIR precludes patenting by the
 same inventor to subject matter in any related application. If the same subject matter is
 claimed in an application and in a published statutory invention registration naming a
 common inventor, the claims in the application should be rejected as being precluded by the
 waiver in the statutory invention registration. A rejection as being precluded by a waiver
 in a SIR cannot be overcome by a terminal disclaimer. 
 

 The holder of a SIR will not be able to file a reissue application to
 recapture the rights, including the right to exclude others from making, using, selling,
 offering to sell, or importing the invention, that were waived by the initial publication
 of the SIR.
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 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 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:50:32