United States Code/Title 35/Chapter 1/Section 4

by the United States Government

Section 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.

Source

(July 19, 1952, ch. 950, 66 Stat. 793; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., Sec. 4 (R.S. 480).

The language is revised and inability to apply for a patent, included in the original language, is made explicit.

The period of disability is increased to include one year after leaving the Office.

The further restriction, that no priority date earlier than one year after leaving the Office can be claimed, is added.

The one year period is made inapplicable to applications which may be pending when the revised title goes into effect by section 4(g) of the bill.

Amendments

1975

Pub. L. 93-596 substituted “Patent and Trademark Office” for “Patent Office”.

Effective Date of 1975 Amendment

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade.