Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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