Can a current USPTO employee be named as an inventor on a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. While current USPTO employees can be named as inventors on patent applications, there are significant restrictions and implications. According to MPEP 1702 : “An Office employee or officer who is named as an inventor in a patent application will be presumed (1) to be legally incapable of signing the inventor’s oath or declaration pursuant to 35 U.S.C. 4, or (2) to refuse to sign the inventor’s oath or declaration based on Office employee status.” For applications filed on or after September 16, 2012, a substitute statement under 37 CFR 1.64 may be filed in lieu of the oath or declaration without contacting the current employee or officer of the Office. This allows the application to proceed without violating the restrictions on USPTO employees. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substitution of Oath/Declaration After September 16, 2012 MPEP 1702 Permitted Restrictions on Patent Applications and Acquisitions by Office Employees MPEP 1702 Required Restrictions on Patent Applications by Office Employees MPEP 1702 Prohibited Office Employee Cannot Sign Inventor's Oath MPEP 1702 Requirement for Former Office Employee Post-Employment Undertaking MPEP 1702 Permitted Restrictions on Post-Employment Patent Practice Coextensive with U.S.C. 207 MPEP 1702 Patent Priority After Appointment Termination MPEP 1702 Prohibited Permitted Patent Practitioners Must Be Registered or Recognized MPEP 1702 Permitted Government Employees Prohibited from Prosecuting Patent Applications MPEP 1702 Government Employees Must Adhere to Conflict-of-Interest Laws When Practicing Before USPTO MPEP 1702 Other Related FAQs 5 FAQs Collapse What are the consequences of violating USPTO em...