Vice Chief Administrative Patent Judge
This Vacancy Announcement has been AMENDED to include the Regional Office locations.
Telework Enhancement Act Pilot Program (TEAPP): Current employees participating in the TEAPP Program, if selected can continue their current TEAPP agreement.
The USPTO has been serving the economic interests of America for more than 225 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 http://www.uspto.gov
- 25% or Greater
- Business travel 1 to 5 days a month.
Applicants must possess senior level management and technical experience in the areas of patent law and management which have equipped the applicant with the knowledge and skills required for effective performance of other specific duties of the position.
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.
Due to the complexity of this position, the Vice Chief Judge must possess a technical degree and a law degree.
Additionally, the Vice 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 Vice Chief Judge must possess significant work experience in the field of patent law and management.
Public Trust - Background Investigation
The Vice Chief Administrative Patent Judge (Vice Chief Judge) serves under the administrative direction of the Chief Administrative Patent Judge (Chief Judge) and the Deputy Chief Administrative Patent Judge (Deputy 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 Lead Administrative Patent Judges (Lead Judges) and second line supervisor for the Administrative Patent Judges (Judges) assigned to the one of the Board’s divisions of Judges or is the immediate and/or second-line supervisor of other assigned personnel, as applicable. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges (including the Chief Judge, Deputy Chief Judge, Vice Chief Judges, and Lead Judges) constitute the membership of the Board; but any three or more of these individuals may constitute a legal panel of the Board to render a decision in a patent appeal, an interference proceeding, and an AIA trial proceeding including an inter partes review proceeding, a post-grant review proceeding, a derivation proceeding, or a covered business method review proceeding. The Board has the sole authority to hear and adjudicate patent appeals from decisions of Primary Patent Examiners. The Board also holds oral hearings when requested, and has the authority to grant rehearings.
The Vice Chief Judge is responsible for assisting the Chief Judge and Deputy Chief Judge in developing and implementing the USPTO rules associated with patent appeals, interferences, inter partes reviews, post-grant reviews, derivations, and covered business method reviews. These include Title 37 of the Code of Federal Regulations, Part 41: Subpart A, which provides the General Provisions; Subpart B, which involves Ex Parte Patent Appeals; Subpart C, which involves Inter Partes Appeals; Subpart D, which is directed to Contested Cases; and Subpart E, which involves Patent Interferences and Title 37 of the Code of Federal Regulations, Part 42: Subpart A, which provides Trial Practice and Procedure; Subpart B, which involves Inter Partes Review, Subpart C, which involves Post-Grant Review, and Subpart D, which involves Covered Business Method Review. The Vice Chief Judge is also responsible for assisting the Chief Judge and Deputy Chief Judge in developing and implementing the Standard Operating Procedures necessary for the internal operation of the Board.
The Vice Chief Judge may serve as the Acting Deputy Chief Judge during the absence of the Deputy Chief Judge or Acting Chief Judge if both the Chief Judge and Deputy Chief Judge are absent. The Vice Chief Judge also assists the Chief Judge and Deputy Chief Judge in the comprehensive executive management, strategic planning, and financial functions essential to effective Board operations; the assignment of panels of administrative patent judges to adjudicate all patent appeals, interference proceedings and AIA trial proceedings; and periodically serves on such panels. The Vice Chief Judge further assists the Chief Judge and Deputy Chief Judge in the development and implementation of quality, timeliness, productivity, and customer service performance standards for the Judges and Lead Judges.
The Vice Chief Judge assists the Chief Judge and Deputy Chief Judge in interacting with, and may serve as a contact with, the external legal community, including the Court of Appeals for the Federal Circuit, bar associations, and practitioners. The Vice Chief Judge assists the Chief Judge and Deputy Chief Judge in managing PTAB engagement with the public. The Vice Chief Judge also assists the Chief Judge and Deputy Chief Judge by actively participating in public conferences and meetings, and making presentations to bar associations, practitioners, foreign dignitaries, and others regarding the Board.
The Vice Chief Judge assists the Chief Judge and Deputy Chief Judge in overseeing development of PTAB policy and pilot programs, including rulemakings and Federal Register notices. The Vice Chief Judge assists the Chief Judge and Deputy Chief Judge in orchestrating updates to practice guides, the PTAB website, articles, and other documents related to PTAB policy, function, and operation. The Vice Chief Judge assists the Chief Judge and Deputy Chief Judge in managing the hiring process for new staff as needed, including new administrative patent judges and lead judges, as well as new employee orientation activities and training.
Under the direction of the Chief Judge and Deputy Chief Judge, and in cooperation with other Board leadership, the Vice Chief Judge may serve as a liaison with other business units and the Regional Offices.