35 U.S.C. 157 (pre-AIA): Statutory invention registration

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current Pre-AIA AIA Redline

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35 U.S.C. 157 (pre-AIA) Statutory invention registration.

[Editor Note: Not applicable to requests for statutory invention registrations filed on or after March 16, 2013. 35 U.S.C. 157 repealed with regard to such requests.]

  • (a) Notwithstanding any other provision, the Director is authorized to publish a statutory invention registration containing the specification and drawings of a regularly filed application for a patent without examination if the applicant —
    • (1) meets the requirements of section 112;
    • (2) has complied with the requirements for printing, as set forth in regulations of the Director;
    • (3) waives the right to receive a patent on the invention within such period as may be prescribed by the Director; and
    • (4) pays application, publication, and other processing fees established by the Director.

    If an interference is declared with respect to such an application, a statutory invention registration may not be published unless the issue of priority of invention is finally determined in favor of the applicant.

  • (b) The waiver under subsection (a)(3) of this section by an applicant shall take effect upon publication of the statutory invention registration.
  • (c) A statutory invention registration published pursuant to this section shall have all of the attributes specified for patents in this title except those specified in section 183 and sections 271 through 289. A statutory invention registration shall not have any of the attributes specified for patents in any other provision of law other than this title. A statutory invention registration published pursuant to this section shall give appropriate notice to the public, pursuant to regulations which the Director shall issue, of the preceding provisions of this subsection. The invention with respect to which a statutory invention certificate is published is not a patented invention for purposes of section 292.
  • (d) The Director shall report to the Congress annually on the use of statutory invention registrations. Such report shall include an assessment of the degree to which agencies of the federal government are making use of the statutory invention registration system, the degree to which it aids the management of federally developed technology, and an assessment of the cost savings to the Federal Government of the uses of such procedures.

(Added Nov. 8, 1984, Public Law 98-622, sec. 102(a), 98 Stat. 3383; amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582, 583 (S. 1948 secs. 4732(a)(10)(A) and 4732(a)(11)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)