SIR, just give it away!

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jim_mich
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SIR, just give it away!

Post by jim_mich »

The US Patent and Trademark Office (PTO) has a regulation that allows an inventor to register his invention without obtaining an issued patent. They call it "Statutory Invention Registration" or "SIR". The inventor gives up the right to exclude others from making, using, selling, offering to sell, or importing the invention. These rights are waived by the initial publication of the SIR.

In accordance with 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 U.S. patent. A SIR is prior art under all applicable sections of 35 U.S.C. 102 including 35 U.S.C. 102(e). See MPEP § 1111.

The inventor must file a regular patent application including drawings and etc. Then either when the application is filed or anytime before the patent is granted the inventor may request that it be published as a SIR. The 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.

This means that you could file a method patent that would cover any conceivable design that uses the new unique principle of PM that you may have discovered. The patent should be well written and all objections be satisfied so that it would be fully enforceable if it were to continue until granted. This means that the cost of the patent would be about the same up until the SIR request is made.

Some advocate giving away any perpetual motion idea. This would be the proper way to do it, if that is desired. Because of patent treaties this would also prevent it from being patented in many other countries.

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