Can USPTO employees apply for patents while employed?
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
	
		
			
		
			
		
			