The Chief Administrative Patent Judge (Chief Judge) is a full voting member of the Patent Trial and Appeal Board (Board) as provided by Title 35 U.S. Code, Section 6, and is the immediate supervisor of the Deputy Chief Administrative Patent Judge and second-line supervisor for the Board Executive and all of the Vice Chief Administrative Patent Judges (Judges) assigned to the Board. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the several Administrative Patent Judges (including the Chief Judge, Deputy Chief Judge, Vice Chief Judges, and Lead Judges) constitute the membership of the Board. Any three or more of these individuals may constitute a 3-judge panel of the Board to render a decision in a patent appeal, an interference proceeding, a post grant review proceeding, an inter partes review proceeding, a derivation proceeding, or a proceeding under the Transitional Program for Covered Business Methods Patents (CBM). The Board also hears and adjudicates ex parte patent appeals from decisions of the Patent Examiners in the Patent Examination Corps. The Board also holds oral hearings when requested, and has the authority to grant rehearings.
With respect to patent appeals, final decisions of the Board, if unfavorable to an applicant, may be appealed to the United States Court of Appeals for the Federal Circuit in accordance with 35 U.S.C. § 141. Alternatively, dissatisfied applicants may elect to bring a civil action in accordance with 35 U.S.C. § 145. With respect to interferences, final decisions of the Board, if unfavorable to a party, may be appealed to the United States Court of Appeals for the Federal Circuit in accordance with 35 U.S.C. § 141. Alternatively, dissatisfied parties may elect to bring a civil action in accordance with 35 U.S.C. § 146. With respect to inter partes reviews, post grant reviews, and CBM proceedings, final decisions of the Board, if unfavorable to a party, may be appealed only to the United States Court of Appeals for the Federal Circuit in accordance with 35 U.S.C. § 141. With respect to derivation proceedings, final decisions of the Board, if unfavorable to a party, may be appealed to the United States Court of Appeals for the Federal Circuit in accordance with 35 U.S.C. § 141. Alternatively, dissatisfied parties may elect to bring a civil action in accordance with 35 U.S.C. § 146.
Subject to the direction of the Director, the Chief Judge is responsible for implementing USPTO rules and policies associated with patent appeals, interferences, post grant reviews, inter partes reviews, derivations, and CBM proceedings. These rules include Title 37 of the Code of Federal Regulations, Part 41: Subparts A through E, and Title 37 of the Code of Federal Regulations, Part 42: Subparts through D. Subject to the direction of the Director, and in coordination with other Agency leadership (such as the Commissioner for Patents, General Counsel, and Solicitor), the Chief Judge is also responsible for developing rules and regulations governing Board procedure, and periodically updating the same as circumstances warrant. Subject to the direction of the Director, the Chief Judge is also responsible for developing and implementing the Standard Operating Procedures necessary for the internal operation of the Board. In addition, the Chief Judge is charged with adhering to Agency policy (including but not limited to patent policy) and ensuring adherence to Agency policy by all Board Judges. Furthermore, the Chief Judge is charged with ensuring predictability, reliability, and consistency across the thousands of decisions issued every year by the several hundred Board judged that he or she oversees. Furthermore, the Chief Judge is responsible for adjudicating petitions for the Under Secretary of Commerce for Intellectual Property and Director of the USPTO.
The Chief Judge performs the comprehensive executive management, strategic planning, and financial functions essential to effective Board operation. Under authority that may be delegated by the Director, the Chief Judge may be responsible for the assignment of panels of administrative patent judges to adjudicate all patent appeals, interference and derivation proceedings, and AIA trial proceedings, on which panels the Chief Judge periodically serves. The Chief Judge further develops and implements quality, timeliness, and productivity performance standards for the Judges.
The Chief Judge interacts with the legal community, including the Court of Appeals for the Federal Circuit, bar associations, etc., actively participates in public conferences and meetings, and makes presentations to foreign dignitaries regarding the Board.
Conditions of Employment
- You must be a U.S. Citizen or National.
- Required to pass a background investigation and fingerprint check.
- Must be registered for Selective Service, if applicable (www.sss.gov)
The Chief Judge must be a member in good standing of the Bar of any state, the District of Columbia, Puerto Rico, or any territorial court under the Constitution. Furthermore, the Chief Judge must possess significant work experience in the field of patent law and management.
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.
Experience must have been at a sufficiently high level of difficulty to clearly show that the candidate possesses the required professional/technical qualifications and executive core qualifications set forth below.
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.
Professional Technical Qualifications: Applicants must clearly demonstrate in their application materials that they possess technical attributes in the Professional/Technical Qualifications (PTQs). The PTQs for this position are:
PTQ 1 - Expert knowledge of the legal principles and technical subject matter associated with patent appeals, interferences, post grant reviews, inter partes reviews, derivations, and CBM proceedings. Demonstrated ability to understand technical subject matter, apply relevant patent law legal principles involved in patent appeals, interferences, post grant reviews, inter partes reviews, derivations, and CBM, and effectively work in groups to resolve complex technical and legal issues.
PTQ 2 - Demonstrated executive level experience in directing, supervising, and evaluating the activities of a professional, technical, and legal organizational unit. Demonstrated ability to develop and achieve organizational goals, prepare and execute organizational budgets, delegate assignments, motivate subordinate groups and individuals, establish and execute programs to implement policies, and establish and maintain a positive working environment.
PTQ 3 - Demonstrated executive level experience in effectively communicating orally and in writing regarding complex technical and legal issues, as well as the ability to fully comprehend the complex technical and legal issues discussed in a work group, the ability to lead said working group(s), and the demonstrated experience to effectively interact with the legal community and other internal and external stakeholders.
Please Note: Current career SES members, former career SES members with reinstatement eligibility, and SES Candidate Development Program graduates who have been certified by OPM, only need to submit a resume and narrative statement covering each of the Professional Technical Qualification (PTQs) requirements and do NOT need to address the Executive Core Qualifications (ECQs).
For the following five Executive Core Qualifications (ECQs), you are required to submit a narrative response addressing your specific knowledge, skills, and abilities that demonstrate your possession of these qualifications. Be sure to provide specific examples of what you've done that demonstrates your possession of each ECQ. For more information about the Executive Core Qualifications please visit this site: : https://www.opm.gov/policy-data-oversight/senior-executive-service/reference-materials/guidetosesquals_2012.pdf
Leading Change - This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.
Leading People - This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
Results Driven - This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high quality results by applying technical knowledge, analyzing problems and calculating risks.
Business Acumen - This core qualification involves the ability to manage human, financial and information resources strategically.
Building Coalitions- This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.
Due to the complexity of this position, the Chief Judge must possess a technical degree and a law degree.
Probationary Period: You will be required to serve a one-year probationary period unless you previously completed the probationary period in the SES.
You must be a graduate from a law school accredited by the American Bar Association AND be an active member and maintain good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar
The incumbent may be required to submit to a drug test to screen for illegal drug use prior to appointment and, if appointed, the incumbent will be subjected to random drug testing procedures.
Veteran preference does not apply to the Senior Executive Service.
Mobility: Organizational and geographical mobility is essential in developing and managing SES leaders and generally is a key to advancement. Therefore, applicants are expected to be mobile and once appointed SES members may be reassigned at the discretion of the appointing authority.
Before entering on duty, you will be required to complete a Confidential Financial Disclosure Report, OGE-278. You will need to provide the information annually.
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. Please visit theSelective Service Systemwebsite for more information
The USPTO participates in E-Verify. For more information on E-Verify, please visit http://www.dhs.gov/files/programs/gc_1185221678150.shtm
This is a Non Bargaining Unit position. If selected for this position, you will be required to complete a Declaration for Federal Employment (OF-306), which includes a fingerprint and credit check, to determine your suitability for Federal employment and to authorize a background investigation.
All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.
Recruitment Incentives may be authorized.
More than one selection may be made from this announcement if additional identical vacancies in the same title, series, grade, and unit occur within 90 days from the date the certificate was issued.
All application materials become the property of the United States Patent and Trademark Office.
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 USPTO’s Office of Equal Employment Opportunity & Diversity via email (email@example.com) or phone (571-272-8292).