What post-employment restrictions apply to former USPTO employees?
Former USPTO employees are subject to certain post-employment restrictions regarding patent matters. According to MPEP 1702, which cites 37 CFR 11.10(b), former employees must sign a written undertaking agreeing to: Not knowingly act as an agent or attorney for any person before the USPTO in connection with any patent or patent application in which the…
Read MoreWhat are the restrictions on USPTO employees regarding patent applications?
What are the restrictions on USPTO employees regarding patent applications? USPTO employees are subject to specific restrictions regarding patent applications: They cannot prosecute or aid in the prosecution of a patent application, except to perform official duties. They are prohibited from acquiring, directly or indirectly, any rights or interest in any patent application. These restrictions…
Read MoreWhat conflict-of-interest laws apply to USPTO employees regarding patent matters?
USPTO employees are subject to various conflict-of-interest laws and regulations regarding patent matters. MPEP 1702 references several important statutes and regulations: 18 U.S.C. 203 and 18 U.S.C. 205: These statutes prohibit government employees from prosecuting or aiding in the prosecution of patent applications before the USPTO. 5 CFR Chapter XVI: Regulations promulgated by the Office…
Read MoreCan former USPTO employees work on patent applications they examined?
Can former USPTO employees work on patent applications they examined? No, former USPTO employees are prohibited from working on patent applications they personally examined or were personally involved with during their employment. This restriction is outlined in MPEP 1702: “Former examiners and other employees of the USPTO are not entitled to prosecute in any manner,…
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