MPEP § 1702 — MPEP § 1702
Current through: 2022-07-01

1702-Restrictions on Current and Former Office Employees Regarding Patent Matters 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1700 

 Section 1702 
 

 
 
 
 
 
 1702 Restrictions on Current and Former Office Employees Regarding
 Patent Matters [R-07.2022]
 

 
 35 U.S.C. 4 
 Restrictions on officers and employees as to
 interest in patents. 

 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. In patents applied for thereafter they shall not be entitled to any priority
 date earlier than one year after the termination of their appointment.
 

 

 
 37 CFR 11.10 Restrictions on practice in patent matters;
 former and current Office employees; government employees. 

 
 (a) Only practitioners registered under § 11.6 ;
 individuals given limited recognition under § 11.9 (a) or
 (b) or § 11.16 ; or individuals admitted
 pro hac vice as provided in § 41.5(a) or 42.10(c) of this chapter are permitted to represent others
 before the Office in patent matters.
 

 (b) Post employment agreement of former Office employee. No individual who has served in the patent examining corps or elsewhere
 in the Office may practice before the Office after termination of his or her
 service, unless he or she signs a written undertaking agreeing:
 
 (1) To not knowingly act as agent or attorney for or otherwise
 represent any other person:
 
 (i) Before the Office,

 (ii) In connection with any particular patent or patent
 application,
 

 (iii) In which said employee participated personally and
 substantially as an employee of the Office; and
 

 
 

 (2) To not knowingly act within two years after terminating
 employment by the Office as agent or attorney for, or otherwise represent
 any other person:
 
 (i) Before the Office,

 (ii) In connection with any particular patent or patent
 application,
 

 (iii) If such patent or patent application was pending
 under the employee’s official responsibility as an officer or employee
 within a period of one year prior to the termination of such
 responsibility.
 

 
 

 
 

 
 

 Pursuant to 35 U.S.C. 4 , patent examiners, other
 Office employees, and Office officers may not apply for a patent or acquire any right or
 interest in any patent during the period of their employment with the Office and for one
 year thereafter. 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.
 

 The amendments to 37 CFR 11.10 were made, in part, to
 ensure that the restrictions of the post-employment agreement in this provision are
 coextensive with the post-employment restrictions in 18 U.S.C. 207. Notwithstanding the
 elimination of 37 CFR 11.10(d), Office employees remain barred from prosecuting, or aiding
 in the prosecution of, any patent or trademark application before the Office by virtue of
 conflict-of-interest statutes, such as 18 U.S.C. 203 and 205, as well as regulations, such
 as those promulgated by the Office of Government Ethics in 5 CFR chapter XVI. Similarly,
 the provision in former 37 CFR 11.10(e) that practice before the USPTO by Government
 employees is subject to applicable conflict-of-interest laws, regulations, or codes of
 professional responsibility is already set forth in 37 CFR
 11.111 . See also MPEP § 309 .
 

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 1701-Office Personnel Not To Express Opinion on Validity, Patentability, Expiration Date, or Enforceability of Patent 
 1701.01-Office Personnel Not To Testify 

 
 

 1702-Restrictions on Current and Former Office Employees Regarding Patent Matters 

 1703-The Official Gazette 

 1704-Application Records and Reports 

 1705-Examiner Docket, Time, and Activity Recordation 

 1706-1719-[Reserved] 

 1720-Dissemination of Court and Patent Trial and Appeal Board Decisions 

 1721-Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice 

 1722-1729-[Reserved] 

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 Last Modified: 
 
 03/09/2026 20:49:27