Are there exceptions to USPTO employee restrictions on patent applications?
Are there exceptions to USPTO employee restrictions on patent applications?
Yes, there are limited exceptions to the USPTO employee restrictions on patent applications. According to MPEP 1702:
“The restrictions of this section shall not apply to testimony or statements given in court or in hearings before the USPTO in disbarment proceedings, or to the giving of testimony pursuant to the order of a court or the Administrative Law Judge in an action involving a claim of the United States.“
These exceptions allow USPTO employees to:
- Testify in court proceedings
- Participate in USPTO disbarment hearings
- Provide testimony ordered by a court or Administrative Law Judge in actions involving U.S. claims
It’s important to note that these exceptions are narrow and specific. They do not allow employees to engage in general patent prosecution or consultation outside their official duties.
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