MPEP § 309 — Restrictions Upon Employees of U.S. Patent and Trademark Office (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 309, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Restrictions Upon Employees of U.S. Patent and Trademark Office
This section addresses Restrictions Upon Employees of U.S. Patent and Trademark Office. Primary authority: 35 U.S.C. 4.
Key Rules
Mandatory Requirements (1)
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.
Exceptions & Carve-Outs (1)
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.
Definitions & Scope (1)
See MPEP § 1701 for additional restrictions on Office employees.
Citations
| Primary topic | Citation |
|---|---|
| – | MPEP § 1701 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 309 — Restrictions Upon Employees of U.S. Patent and Trademark Office
Source: USPTO309 Restrictions Upon Employees of U.S. Patent and Trademark Office [R-07.2015]
35 U.S.C. 4 Restrictions on officers and employees as to interests 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.
See MPEP § 1701 for additional restrictions on Office employees.