What are the restrictions on USPTO employees regarding patent applications?

What are the restrictions on USPTO employees regarding patent applications?

USPTO employees are subject to specific restrictions regarding patent applications:

  • They cannot prosecute or aid in the prosecution of a patent application, except to perform official duties.
  • They are prohibited from acquiring, directly or indirectly, any rights or interest in any patent application.
  • These restrictions apply during their employment and for two years after leaving the Office.

As stated in MPEP 1702: “No employee of the United States Patent and Trademark Office (USPTO) shall prosecute or aid in any manner in the prosecution of any patent application before the Office.” This restriction is crucial to maintain the integrity and impartiality of the patent examination process.

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Tags: conflict of interest, patent applications, prosecution restrictions, USPTO employees