35 U.S.C. § 4 — Restrictions on officers and employees as to (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 4 Restrictions on officers and employees as to
This page consolidates MPEP guidance interpreting 35 U.S.C. § 4, including 12 rules 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.
Summary
This section addresses the prohibitions on current and former Patent Office employees from applying for patents or acquiring any rights in patents during their appointments and for one year after leaving the office.
What this section covers
- Defines that this section covers restrictions on both current and former Patent Office employees regarding patent matters.
Key obligations
- Prohibits officers and employees from applying for patents during their appointments and for one year after leaving the Patent Office.
- Restricts employees from acquiring patents directly or indirectly through others during and after their employment.
- Cites authority from 35 USC § 4 for these restrictions, including relevant CFR sections.
Practice notes
- Advise practitioners to ensure all employees are aware of these restrictions and comply during their tenure and post-employment.
- Warn against circumventing the restriction by having former employees apply for patents through a third party, as this could lead to prosecution.
Official MPEP § 4 — Restrictions on officers and employees as to
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 4 Restrictions on officers and employees as to interest in patents.
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 and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)
- Aia Practice
- Aia Overview
- Application Types
- Continuing Applications
- Continuation Applications
- Continuation Benefit
- Signature Requirements
| MPEP Section | Rules |
|---|---|
| MPEP § 1702 | |
| MPEP § 210 | |
| MPEP § 309 |