How long do patent restrictions apply to former USPTO employees?
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.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 309 - Restrictions Upon Employees of U.S. Patent and Trademark Office,
Patent Law,
Patent Procedure