Title 35 — Patents
Part I · Chapter 1 — Establishment, Officers and Employees, Functions
§ 4. Restrictions on officers and employees as to interest in patents
Statutory text
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
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
July 19, 1952, ch. 950, 66 Stat. 793 · 66 Stat. 793
Enacted · 35 U.S.C. § 4
July 19, 1952, ch. 950, 66 Stat. 793
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 793Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 35 U.S.C. § 4
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”
Source evidence
Code amendment note
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.Enacted provision · exact public law section
Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.Effective date note
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.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
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 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Credits
1952–1975 · 2 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 793
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 793; Pub. L. 93–596, § 1, , 88 Stat. 1949.)