Can a current USPTO employee be named as an inventor on a patent application?
While current USPTO employees can be named as inventors on patent applications, there are significant restrictions and implications. According to MPEP 1702:
“An Office employee or officer who is named as an inventor in a patent application will be presumed (1) to be legally incapable of signing the inventor’s oath or declaration pursuant to 35 U.S.C. 4, or (2) to refuse to sign the inventor’s oath or declaration based on Office employee status.”
For applications filed on or after September 16, 2012, a substitute statement under 37 CFR 1.64 may be filed in lieu of the oath or declaration without contacting the current employee or officer of the Office. This allows the application to proceed without violating the restrictions on USPTO employees.
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