Can USPTO employees apply for patents while employed?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, USPTO employees cannot apply for patents while employed. According to 35 U.S.C. 4:
‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent…’
This restriction extends for one year after their employment at the USPTO ends.
Topics:
MPEP 300 - Ownership and Assignment
MPEP 309 - Restrictions Upon Employees of U.S. Patent and Trademark Office
Patent Law
Patent Procedure