Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
Yes, there are two exceptions to the patent ownership restrictions for USPTO employees:
- Inheritance
- Bequest
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… 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.’
This means that USPTO employees can acquire patents or interests in patents through inheritance or bequest, even during their employment or the one-year period after.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 309 - Restrictions Upon Employees of U.S. Patent and Trademark Office,
Patent Law,
Patent Procedure