What post-employment restrictions apply to former USPTO employees?
Former USPTO employees are subject to certain post-employment restrictions regarding patent matters. According to MPEP 1702, which cites 37 CFR 11.10(b), former employees must sign a written undertaking agreeing to:
- Not knowingly act as an agent or attorney for any person before the USPTO in connection with any patent or patent application in which the employee personally and substantially participated during their employment.
- Not knowingly act within two years after terminating employment as an agent or attorney for any person before the USPTO in connection with any patent or patent application that was pending under the employee’s official responsibility within one year prior to termination.
These restrictions are designed to prevent conflicts of interest and ensure the integrity of the patent examination process.
To learn more: