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Administrative Patent Judge

Department of Commerce
Patent and Trademark Office
This job announcement has closed

Summary

Please Note: This announcement has been extended to reflect a new closing date of April 5, 2018.

The United States Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. Our efforts have provided inventors exclusive rights over their discoveries. It is an effort that continues to contribute to a strong global economy, to encourage investment in innovation and to cultivate an entrepreneurial spirit for the 21st century. The USPTO is headquartered in Alexandria, Virginia, and has over 13,000 employees, including engineers, scientists, attorneys, analysts, IT specialists, etc. all dedicated to accomplishing the USPTO's mission, vision, strategic goals and guiding principles. For more information about the USPTO, please visit our websites at www.uspto.gov/careers

Overview

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Reviewing applications
Open & closing dates
02/02/2018 to 04/05/2018
Salary
$126,148 to - $174,500 per year
Pay scale & grade
AD 00
Locations
many vacancies in the following locations:
San Jose, CA
MANY vacancies
Denver, CO
MANY vacancies
Detroit, MI
MANY vacancies
Dallas, TX
MANY vacancies
Relocation expenses reimbursed
No
Appointment type
Permanent - Full Time
Work schedule
Full-time - Permanent
Service
Promotion potential
00
Job family (Series)
Supervisory status
Yes
Announcement number
PTAB-2018-0002
Control number
488320100

This job is open to

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Duties

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An Administrative Patent Judge (APJ) serves as a member of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). The PTAB has authority to:

Hear and adjudicate appeals from decisions of Primary Examiners as to Patentability in patent applications and reissue and re-examination of patents

Conduct Post-Grant Review proceedings, Inter Partes Review proceedings, Derivation proceedings, and Transitional Program for Covered Business Method Patent proceedings, and declare and conduct proceedings in legacy interferences.

As and APJ, you will be expected to:

Formulate ideas and communicate them effectively to various stakeholders; and

Draft decisions regarding patentability.

Though not required, PTAB prefers candidates with 10-15 years or more of patent experience, including those who have prosecuted and/or litigated patent cases and supervised professional IP teams and/or attorneys. In addition, PTAB prefers candidates with experience prosecuting and/or litigating electrical, computer, data processing or biotechnology/pharma patents and patent applications.

Requirements

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Conditions of employment

  • Complete application with all required documentation.
  • Bachelor or higher technical degrees and law degree.
  • Proof of active Bar Membership in good standing.
  • U.S. Citizen or National.
  • Writing Sample (answer to Vacancy Question 11 serves as the writing sample)
  • Must Provide a Copy of School Transcripts.

AND

A good understanding, both theoretical and practical, of the engineering sciences and techniques and their application to professional engineering. This can be demonstrated by one of the following:

  1. Professional registration-- Current registration as a professional engineer by any State, the District of Columbia, Guam or Puerto Rico.
  2. Written test--Evidence of passing the Engineer-in-Training (EIT) examination or the written test required for professional registration, administered by the Boards of Engineering Examiners in various States, the District of Columbia, Guam and Puerto Rico.
  3. Specified academic courses-- Successful completion of at least 60 semester hours in the physical, mathematical and engineering sciences and including the courses specified in the basic requirements. The courses must be fully acceptable toward meeting the requirements of a professional engineering curriculum as described in paragraph A.
  4. Related curriculum--Successful completion of a curriculum leading to a bachelor's degree in engineering technology or in an appropriate professional field, e.g., physics, chemistry, biology, architecture, computer science, mathematics, hydrology, or geology, may be accepted in lieu of an Engineering degree, provided the applicant has had at least 1 year of professional engineering experience with professional engineering supervision and guidance.
AND

(C) Successful completion of a law degree (minimum: J.D. or equivalent).

(D) Proof of active membership of the Bar of any state, District of Columbia, Puerto Rico, or any U.S. territory, in good standing.

(E) Demonstration of recent, extensive and comprehensive experience with the following:
  1. Evaluating combined Intellectual Property (IP) assets and providing legal advice.
  2. Formulating ideas and communicating them effectively to various stakeholders via clear, logically-developed opinions and decisions regarding patentability.
  3. Effectively working with others.
  4. Conducting and managing patent prosecution, examination or administration which demonstrates a thorough knowledge and application of patent laws and rules of practice.

Qualifications

Experience must have been at a sufficiently high level of difficulty to clearly show that the candidate possesses the required professional and technical qualifications to litigate and/or prosecute issues and to draft decisions directed to patentability.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

Education

You must meet the United States Office of Personnel Management's (OPM) qualification requirements by the closing date of this announcement. To qualify for this position, you must be a Member in good standing of the Bar and meet the technical degree requirements outlined within the Qualification section.

Individuals with an Electrical Engineering and/or Biotechnology/pharma degree are strongly encouraged to apply.

To be considered for this position, you must possess the following:

(A) Proof of successful completion of a full 4-year course of study in an accredited college or university leading to a bachelor's or higher degree in the study of engineering, chemistry, or biology.

For an engineering degree, the curriculum must:

1. Be accredited by the Accreditation Board for Engineering and Technology (ABET) as a professional engineering curriculum;

OR

2. Include differential and integral calculus and courses (more advanced than first-year physics and chemistry) in five of the following seven areas:
a) statics, dynamics
b) strength of materials (stress-strain relationships)
c) fluid mechanics, hydraulics
d) thermodynamics
e) electrical fields and circuits
f) nature and properties of materials (relating to particle and aggregate structure to properties)
g) any other comparable area of fundamental engineering science or physics, such as optics, heat transfer, soil mechanics or electronics

OR

(B) A combination of Education and Experience. This combination of college level education, training and/or technical experience must have furnished both:

• A thorough knowledge of the physical and mathematical sciences underlying professional engineering;

Additional information

If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System. If you are exempt from registration under Selective Service Law, you must provide appropriate proof of exemption. Visit the Selective Service System website for details. This is a Non-Bargaining Unit position.

This is a Public Trust position and has a risk level designation of "high." Background Investigation - If selected for this position, you may be required to complete a Declaration for Federal Employment (OF-306) to determine your suitability for Federal employment by authorizing fingerprinting, a credit check and a background investigation.

Probationary Period - If selected, you will be required to complete a trial period of up to two years.

Relocation expenses will not be paid.

All Federal employees must receive salary payments by direct deposit.

Drug Testing - All applicants tentatively selected for this position may be required to submit to a drug test to screen for illegal drug use prior to appointment and, if appointed, the individual will be subjected to random drug testing procedures. All appointments are contingent upon a negative drug test result.

The Ethics in Government Act of 1978, as amended, requires senior officials in the executive, legislative and judicial branches to file public reports of their finances as well as other interests outside the Government. If selected for this position you will be required to file a Financial Disclosure Report (OGE Form 278). The OGE 278 is available to the public. The primary purpose of disclosure is to assist agencies in identifying potential conflicts of interest between a filer's official duties and the filer's private financial interests and affiliations.

The USPTO participates in E-VERIFY. For more information on E-Verify, please visit here. http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Federal agencies, including the United States Patent and Trademark Office (USPTO), must provide reasonable accommodation to applicants with disabilities where appropriate. USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at https://uspto.entellitrak.com. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

The United States Patent and Trademark Office is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors. If you believe that you have been discriminated against and would like to file an EEO complaint, you must do so within 45 days of the date of the alleged discriminatory act. Claims of employment discrimination must be submitted to the attention of the USPTOs Office of Equal Employment Opportunity & Diversity via email (oeeod@uspto.gov) or phone (571-272-8292).

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Your resume, supporting documentation and self-assessment answers will be evaluated for required competencies and specialized experience. The self-assessment questions cover the following competencies:

• Knowledge of legal matters associated with patent prosecution, examination, litigation, and administration.
• Knowledge of Patent Trial and Appeal Board jurisdiction, rules, and procedures.
• Ability to communicate effectively, orally and in writing
• Knowledge of evaluating, applying, and interpreting patent law
• Ability to lead people

Your application will then be evaluated and rated by a subject matter expert panel via federal government selection procedures.

Qualified applicants are assigned to one of these two categories:

• Best Qualified - Possessing recent exceptional experience with a background that demonstrates a superior level of knowledge, skills, abilities, and competencies required to perform the duties of the position

• Well Qualified - Possessing good recent experience with a background that demonstrates a satisfactory level of knowledge, skills, abilities, and competencies required to perform the duties of the position
To preview questions please click here.

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