How long do patent restrictions apply to former USPTO employees?

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.

Patent restrictions for former USPTO employees extend for one year after their employment ends. 35 U.S.C. 4 states:

‘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 and 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.’

After this one-year period, former employees can apply for patents, but with certain limitations on priority dates.