MPEP Section 1107, Preparing a SIR for Publication

Executive summary:

This document contains Section 1107 ("Preparing a SIR for Publication") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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1107 Preparing a SIR for Publication [R-2]

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In preparing a nonprovisional application with a SIR request for publication, the examiner should fill out the face of the application file wrapper in the same manner as in a non-SIR application. Additionally, the examiner should add the notation "OK for SIR" in the space provided for the primary examiner's signature and "SIR" should be indicated next to the space for the patent number. A form *>PTO-SIR-M< is attached to the "LABEL AREA" on the face of the file wrapper to indicate that the application is for a statutory invention registration. An issue classification slip (form PTO-270 or PTO-328) is filled out and attached inside the file wrapper for series 08/ and earlier applications in the normal manner with the additional notation of "SIR" added to the left side of the space allocated for the patent number. The index of claims inside the left flap of the file wrapper is filled out, with the notation "*" indicating the claims to be published in the SIR. The final official classification of the application and the figure to be published in the Official Gazette are indicated, as in non-SIR applications, on the front of the file wrapper.

A Notice of Intent to Publish Statutory Invention Registration, form *>SIR-L<, is prepared and sent to the applicant. Requirements for corrected or formal drawings and examiner's amendments may be attached to the Notice of Intent to Publish Statutory Invention Registration as needed. If corrected drawings are required, the examiner should set a 3 month shortened statutory period for submission of the drawings and indicate that the shortened statutory period is not extendable under 37 CFR 1.136(a) or 37 CFR 1.136(b). After the form *>SIR-L< has been mailed, the application is forwarded to the Office of Patent Publication.