§ 4. — Restrictions on officers and employees as to interest in patents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC4]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 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.
(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.
Section Referred to in Other Sections
This section is referred to in section 5 of this title.
