1700 What the Examiner is not allowed to do:
- Unless the examiner is in the process of actually examining an application (or taking part in an interference or other proceeding on a patent), he should not make any statement on the validity or patentability of claims in a granted patent, or in an app he is not actually examining. –> Validity/Invalidity is up to the courts to decide. (35 U.S.C. 282)
- 37 CFR 11.10 (who can practice as an agent for 3rd parties at the office; what are restrictions on what ex-employees can do):
- a. A practionter has to be registered under 37 CFR 11.6 or given limited recognition unde 37 CFR 11.9(a)/(b) (usually when one applicant is designated at a representative for the group).
- b. Post-employment for USPTO employees: Nobody in the patent examining core or elsewhere in the Office may practice unless he or she signs a written agreement:
- 1. not to represent knowingly or assist in any manner someone who is:
- Before the Office
- In connection with any particular patent or app
- In which the employee actually participated personally or substantially as an employee (no personal involvement)
- AND: To not do any representation within a 2 year window of leaving the USPTO if the patent involved was before the office or in any way involved in the Office within a period of 1 year prior to the employee’s termination of employment.
- 1. not to represent knowingly or assist in any manner someone who is:
Document Disclosure Program
Retained for 2 years by PTO unless a later application is filed that refers to it; $10 fee; No priority, not a provisional
