Title 35, PatentsRelease 119-102
§4 Restrictions on Officers and Employees as to Interest in Patents
Title 35 › PART I — UNITED STATES PATENT AND TRADEMARK OFFICE › CHAPTER 1 — ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS › § 4
Summary
PTO staff can't apply for or hold patents during their job and for one year, except by inheritance. Later patents can't claim a priority date earlier than one year after leaving.
Full Legal Text
Title 35, §4
Patents, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 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.
Editorial Notes
Amendments
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1975 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 4
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102