Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
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