It is very unlikely that
you will see more than one question dealing with Statutory Invention Registrations
on the patent bar exam. The basics I outline here will provide you with more than
enough information to prepare for this topic.
Statutory Invention
Registration:
1. an original SIR can be abandoned and replaced by a continuing
application:
2. in this case, the applicant will get the earlier filing date
3.
the applicant must file an express abandonment of the original application and
a timely request or petition to withdraw the request for an SIR prior to the publication
of the SIR
Publication
1. nonprovisional utility and plant applications
filed on or after November 29, 2000 are published promptly after the expiration
of 18 months from the earliest filing date for which benefit is sought
2. nonprovisional
applications entering the national stage from an international application filed
on or after November 29, 2000 will also be published
a. this is regardless
of whether the international application was published by the International Bureau
under PCT Article 21 in English
The following applications will not be
published:
1. provisionals
2. designs
3. reissues
Exceptions
to publication include when:
1. the application is recognized by the Office
as not pending
2. its status has been changed to abandoned by the Office and
has been removed from the publication process
3. the application is under a
secrecy order
4. the application has already issued in sufficient time for
it to be removed from the publication process
5. however, the Office will not
stop with the publication process until a patent actually issues
6. the application
was filed with a nonpublication request
A rescission of a nonpublication
request will never receive the benefit of a certificate of mailing or transmission.
The USPTO will use the actual date of receipt at the Office.