Administrative Patent Judge Job

Vacancy No. EXRD - PTAB-25-12602836 Department Patent and Trademark Office
Salary $166,105.00 to $204,000.00 Grade 00 to 00
Perm/Temp Permanent FT/PT Full-time
Open Date 11/18/2024 Close Date 12/18/2024
Job Link Apply Online Who may apply Public
Locations:
San Jose, CADenver, CODetroit, MIDallas, TX


Summary

Elevate your career at an agency that celebrates, supports, and thrives on building the bridge that ensures intellectual property (IP) rights are accessible to everyone. The USPTO is a diverse and inclusive organization that is seeking a talented professional to serve as an Administrative Patent Judge. The 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.

This job is open to

Clarification from the agency

Applications will be accepted from all U.S. Citizens and Nationals. This is a non-bargaining position. More than one position may be filled.

Duties

As an APJ you will serve as an esteemed member of the Patent Trial and Appeal Board (PTAB) at the USPTO. The PTAB has the authority to:
  • Review Appeals of adverse decisions on patent applications made by patent examiners;
  • Review Appeals of Reexaminations and Reissue proceedings;
  • Conduct Interference proceedings;
  • Conduct Derivation proceedings; and
  • Conduct AIA trials, including Inter Partes Review and Post-Grant Review.

This position of significance is ideal for you if:
  • You enjoy reviewing arguments and evidence provided in motions, briefs, and oral hearings;
  • You effectively work with colleagues to analyze and decide legal and factual issues;
  • You are committed to preparing and issuing timely, high-quality decisions, that are consistent with statutes, regulations, case law, and agency policies;
  • You reflect professionalism and judicial decorum; and
  • You thrive by performing any task that supports the mission of the USPTO and the PTAB, such as: participating in stakeholder engagement, leading project teams, contributing to policy development, and developing best practices.

Requirements

Conditions of Employment

  • You must be a United States Citizen or National.
  • Required to pass a background investigation and fingerprint check.
  • Must be registered for Selective Service, if applicable (www.sss.gov) Suitable for Federalemployment.
  • Financial Disclosure Report (OGE-278) will be required upon appointment.

Qualifications

To be eligible for the APJ position, you must demonstrate that you meet the qualifications for this position by submitting a
resume, narrative responses to the Professional/Technical Qualifications (PTQs), proof of educational requirements, and a writing sample. Applicants are required to input narrative responses to PTQs and writing sample in the textboxes as prompted by USAJobs. Uploading documents addressing the PTQs and writing sample will not be accepted.

Professional/Technical Qualifications (PTQs): You are required to submit a narrative response(10,000 character limit (to include spaces) that demonstrate extensive and comprehensive experience with the following:

a) Conducting and/or managing patent prosecution, examination, and/or litigation(including experience with IPRs/PGRs), that demonstrates a thorough understanding and knowledge of the statutes, regulations, case law, rules of practice, guidance, and agency policy related to the practice of patent law, including: analyzing legal issues, factual issues, and associated evidence, of patentability; and drafting clear, logically-developed arguments and/or decisions based on the law, facts, and evidence.

b) Effectively communicating and working with colleagues to develop a strategy and collaboratively draft documents.

c) Analyzing technical issues related to electrical and/or computer technology (can be demonstrated through experience, work or otherwise, and/or education).

The Writing Sample: Please respond to the following 3 questions using your own words, unedited by others. Each response should be up to 7000 characters (to include spaces).

1. What do you think should be a top priority at the PTAB and how would you address it?

2. What change in patent law in the last 10 years has had a significant impact, and why?

3. Describe an experience when you had to collaborate with and persuade a group of peers to approach a case in the manner you thought was best. Who was involved, how did you approach it, and what was the outcome?

Experience:
The APJ position typically requires approximately 10-15 years or more of patent experience. Patent Experience includes, but is not limited to: (1) prosecuting patent cases and/or litigating patent cases such as in the private sector, at the United States Court of Appeals for the Federal Circuit, the United States International Trade Commission, or the United States Department of Justice; and/or (2) experience at the USPTO Office of the Solicitor or Office of Patent Legal Administration, or experience as a PTAB Patent Attorney, PTAB law clerk, and/or Patent Examiner. You will receive credit for all qualifying patent experience, including volunteer patent experience.

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 provide at least one of the following as proof of fulfillment of the requisite education requirement, as described in the general requirements for admission to practice in patent cases before the USPTO available at https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf (General Requirements):

A. Possess a Bachelor's degree, Master's Degree, or Doctor of Philosophy Degree (referred to as "degree(s)") in a Recognized Technical Subject.

Applicant must establish possession of the necessary scientific and technical training by providing a transcript showing that a degree was awarded in one of the following subjects by an accredited U.S. college or university, or that the equivalent was awarded by a foreign university in one of the following subjects:

1. Engineering (Eng.) Physics 2. Environmental Eng. 3.Gen. Eng. 4. Genetic Eng. 5. Geological Eng. 6. Industrial Eng. 7. Marine Eng. 8. Materials Eng. 9. Mechanical Eng. 10. Metallurgical Eng. 11. Mining Eng. 12. Nuclear Eng. 13. Ocean Eng. 14. Petroleum Eng. 15. Textile Eng. 16. Biology 17. Biochemistry 18. Biological Science 19. Biophysics 20. Botany 21. Computer Science* 22. Electronics Technology 23. Food Technology 24. General Chemistry 25. Genetics 26. Marine Technology 27. Materials Science 28. Microbiology 29. Molecular Biology 30. Neuroscience 31. Organic Chemistry 32. Pharmacology 33. Physics 34. Textile Technology 35. Aerospace Eng. 36. Aeronautical Eng. 37. Agricultural Eng. 38. Bioengineering 39. Biomedical Eng. 40. Ceramic Eng. 41. Chemical Eng. 42. Civil Eng. 43. Computer Eng. 44. Electrical Eng. 45. Electrochemical Eng. 46. Electronics Eng.

*For more information regarding acceptable Computer Science degree visit https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf.

Degrees In Other Subjects: Applicant with a degree in a subject not listed above, such as Pharmacy, Mechanical Technology, or a Computer Science degree from an institution that was not accredited by the CSAC of the CSAB or by the CAC of ABET on or before the date the degree was awarded must establish Applicant possesses the necessary scientific and technical training under either sections B or C below.

OR

B. Possess a Degree in Another Subject other than degree listed in section A.

Applicant must establish possession of scientific and technical training equivalent to that received at an accredited U.S. college or university for a degree in one of the subjects listed in section A. To establish such equivalence, applicant can satisfy one of the following four options, other training, or other education listed below. Applicant must submit the necessary documentation and objective evidence showing satisfaction of one of the options or other means of qualifying.

Option 1: 24 semester hours in physics. Only physics courses for physics majors will be accepted.

Option 2: 32 semester hours in a combination consisting of the following: 8 semester hours in a combination of chemistry and physics, with at least one course including a lab, and 24 semester hours in biology, botany, microbiology, or molecular biology. Only courses for science or engineering majors will be accepted.

Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will be accepted.

Option 4: 40 semester hours in a combination consisting of the following: 8 semester hours in a combination of chemistry, physics, and/or biology, with at least one course including a lab, and 32 semester hours of chemistry, physics, biology, botany, microbiology, molecular biology, or engineering. Only courses for science or engineering majors will be accepted. For Computer Science, see other "Other Acceptable Course Work".

All acceptable coursework for Options 2 and 4 must be for science or engineering majors.

OR

C. Applicant relying on practical engineering or scientific experience or who does not qualify undersection A or B above may establish the required technical training by demonstrating applicant has passed the Fundamentals of Engineering (FE) test. Applicant attempting to qualify under this section must submit a transcript showing the award of a Bachelor's degree.

OR

D. Provide evidence that applicant has successfully passed the USPTO registration exam.

Evidence includes a copy of the notice stating that you passed the examination from the USPTO.

AND

E. Proof of successful completion of a law degree (J.D.).

AND

F. Proof of active membership of the Bar of any state, District of Columbia, Puerto Rico, or any U.S. territory, in good standing. In addition to the education requirement, applicants must also meet the specialized experience.

Additional information

The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website.

If selected, you will be required to complete a two-year trial period.

All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

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.

USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at http://www.uspto.gov/accommodation.

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 (oeeod@uspto.gov) or phone (571-272-8292).

Benefits

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How You Will Be Evaluated

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

Your resume, narrative responses to the Professional/Technical Qualifications (PTQs), writing sample, and supporting documentation will be evaluated and rated for required competencies and specialized experience by a panel via federal government selection procedures. Criteria for evaluation includes:

  1. Level of knowledge of the statutes, regulations, case law, and agency policy that involves the prosecution of patent applications and patentability determinations;
  2. Level of knowledge of patent litigation, PTAB post-grant review proceedings, and the Federal Rules of Evidence, including experience demonstrating the ability to draft and review briefs, pleadings, motions, exhibits, declarations, depositions, and discovery requests, and the ability to participate in oral arguments and conference calls;
  3. Training and experience leading to a level knowledge of PTAB rules, procedure, and jurisprudence, including precedential and informative decisions, and the Federal Circuit decisions that affect PTAB rules, procedure, and jurisprudence;
  4. Demonstrated ability in effectively communicating orally and in writing regarding complex technical and legal issues, including the ability to write clearly, accurately, and concisely, specifically, the ability to state clearly the facts in a case, the law to be applied, and how the law applies to the facts in rendering a decision; and
  5. Demonstrated ability to lead people toward meeting an organization's vision, mission, and goals by providing a workplace that fosters the development of others, facilitates cooperation and teamwork, and supports the constructive resolution of conflicts.
Qualified applicants are assigned to one of three categories:
  1. 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; or
  2. 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.
  3. Qualified - Possessing sufficient experience with a background that demonstrates a satisfactory level of knowledge, skills, abilities, and competencies required to perform the duties of the position.
Candidates placed in the highest-quality category will be identified for referral to the hiring manager and may be invited for an interview.

Required Documents

You should submit the following documents for a complete application by the closing date of this job announcement:

  1. Resume including: (a) Citizenship; (b) Job-related qualifications; (c) Education; (d) Work experience (including job titles, salary, employment dates, duties and accomplishments, and how any experience relates to the competencies listed in the job announcement);
  2. Narrative responses to the PTQs:Do not write "see resume". Applicants are required to input narrative responses in the textboxes as prompted by USAJobs. Each PTQ has a 10,000-character limit (to include spaces) and must be adhered to. Uploading documents addressing the PTQs will not be accepted.
  3. Education Transcripts and, if appropriate, proof of USPTO registration exam passage;
  4. Proof of good standing and active membership, or the ability to become an active member prior to start date, of a bar of any state, the District of Columbia, Guam, Puerto Rico, or a U.S. territory; and
  5. Writing Sample. Applicants are required to input responses in the textboxes as prompted by USAJobs. Each response should be up to 7000 characters (to include spaces). Uploading documents addressing these questions will not be accepted.
  6. Notification of Personnel Action (SF-50): Please submit a current SF-50 if you are a current or former Federal employee, that indicates federal status, grade, tenure, and type of service. Please redact your social security number and date of birth.

How to Apply


******If you are currently, or have been within the last five years, a political Schedule A, Schedule C, or Non-career SES employee in the Executive Branch, you must disclose this information in your application.

You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement.

If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.

To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application."

If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance.

All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.

Personally Identifiable Information (PII)Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth.

Please ensure that you have removed all Personally Identifiable Information from all documents prior to submitting or uploading your applications material.

Agency contact information

Isis Thomas
Address
EXRD - Patent Trial and Appeal Board
Office of Human Resources
Mail Stop 171
P.O. Box 1450
Alexandria, VA 22313-1450
US
Learn more about this agency

Next steps

You will receive a notice generated by the USAJobs System when you have successfully submitted your application.

You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application." The four points of notification are:

1. Application Received or Application Incomplete;
2. Minimum Qualification Requirement Met or Minimum Qualification Requirement Not Met;
3. Eligible (Application Referred to the Selecting Official) or Eligible (Application Not Referred to the Selecting Official); and
4. Selected or Not Selected

After all application packages have been received, we will review your application and transcript(s) (if you are qualifying based on education) to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications on the information provided and you may be contacted for follow-up supplemental documentation. It is the applicant's responsibility to provide any supplemental documents or information requested by the Office of Human Resources within the allocated timeframes.

You will be required to submit official documentation prior to appointment. The agency will then verify the information provided on your application (i.e., degree, veterans' preference, disability, etc.).You can check the status of your application by logging into USAJOBS. You may also sign up to receive automatic emails anytime the status of your application has changed by logging into your USAJobs Account, editing your profile and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within 2 weeks after the closing date of this job announcement.

Additional Locations


Note: We cannot accept applications on behalf of Federal Agencies. Application instructions are listed within the Job Description.


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