What are the restrictions on USPTO employees regarding patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
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 apply during their employment and for two years after leaving the Office.
As stated in MPEP 1702: “No employee of the United States Patent and Trademark Office (USPTO) shall prosecute or aid in any manner in the prosecution of any patent application before the Office.” This restriction is crucial to maintain the integrity and impartiality of the patent examination process.