Chapter 1700

Question 1

After patent has been issued, when is it appropriate for a Patent Office employee to comment on the validity, patentability or enforceability of it?

Answer 1

when:

the patent is being reissued

the patent is being reexamined

the patent is involved in an interference proceeding

Question 2

What are some restrictions placed on former employees of the Patent Office?

Answer 2

restrictions on former employees from:

acting as an agent at any time in any matter in which the employee substantially participated

acting as an agent within 2 years from termination of employment with the Patent Office

aiding or helping another person, which may fall short of actual representation

Question 3

What are restrictions placed on current employees?

Answer 3

they may not prosecute or aid in any manner in the prosecution of any patent application

they cannot apply for or obtain an interest in any patent while an employee and up to 1 year after their employment with the Patent Office terminates