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A statutory invention registration (SIR) is not a patent. It has a patent’s defensive attributes but not its enforceable features. An SIR is often used for occasional, personal use (not for production or sale) inventions so as to avoid the effort and expense of securing a patent.

However, since the inventor may wish to prevent someone else from later obtaining a patent on a like invention, he/she can register and publish a statutory invention. Once a SIR is published, another person cannot claim the invention.

A published SIR contains the same specification and drawings as with a regularly filed non-provisional patent application, but without examination if the applicant:

  1. meets the requirements of 35 USC 112;
  2. complies with the commissioner’s printing requirements;
  3. waives his/her right to receive a patent within such period as set by the Commissioner; and
  4. pays the application, publication, and other processing fees set by the Commissioner.

A SIR request may be filed with a non-provisional patent application filing, or may be filed later during the pendency of said application.

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