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

Source: Patent Statute (35 U.S.C.)BlueIron Update:

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.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22