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[DogDayPM 9er9er9er]

USPTO CLOSED Monday December 21. 

Does this have any impact on SSP due dates? 

Inquiring minds wannaknow.

[Examinerguy]

Does this have any impact on SSP due dates? 
Inquiring minds wannaknow.

Federal government is closed. Too lazy to look it up but I am pretty sure anytime the federal government is closed (holidays, snow days, etc.) applies to the extension.

[paid 2 sortout govt crap]

Yes, it does.  Anything that was due tomorrow can be filed tomorrow without extension.

But, as per usual, the gov manages to screw things up.  They will most likely charge you for an extension, and then you have to request a refund.  This happened when they closed for inauguration.

[teege]

What does "unscheduled leave" mean for examiners?  Anyone know?  Are we forced to use flex time if we can't come in?

----
Tues Dec. 22 status:

Federal agencies in the Washington, DC, area are OPEN under an UNSCHEDULED LEAVE policy.
This Means . . .

Employees who cannot report for work may request unscheduled leave for their entire scheduled workday. Employees must notify their supervisors of their intent to take unscheduled leave.
Emergency employees are expected to report for work on time.


http://www.opm.gov/status/

[dablueman]

What does "unscheduled leave" mean for examiners?  Anyone know?  Are we forced to use flex time if we can't come in?

If you read the policy on the OPM page it says:

"When OPM announces an unscheduled leave policy, non-emergency employees may request
unscheduled annual leave, leave without pay, and/or the use of previously earned
compensatory time off or earned credit hours under an alternative work schedule without the
prior approval of their supervisors.  Non-emergency employees must inform their supervisors
of their intent to take unscheduled leave."

It means you're suppose to show up, but if you don't you can request annual leave, leave without pay, or comp. time off, after the fact without getting in trouble for not requesting leave before hand.

[DogDayPM 9er9er9er]

Yes, it does.  Anything that was due tomorrow can be filed tomorrow without extension.

OK, paid2sortout, you're confusing me, unless this was intended as sarcasm? (Anything due tomorrow could always have been filed tomorrow without extension).


Examinerguy, thanks for the post.  I did try to look it up but all they've got posted all day on the website is "Notice giving guidance to the closure's effects on filing deadlines is forthcoming." 

Sometime tomorrow I suppose they'll let us know what today held.

[klaviernista]

DDPM,

I was sick yesterday and bored at home, so I took some time to research your question.

Unfortunately, it is still unclear to me whether a snow day will impact the time period for filing a response to an OA.  The relevant rule, 37 C.F.R. 1.7, specifies that the "[w]hen the day, or the last day fixed by statute or by or under this part for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding business day which is not a Saturday, Sunday, or a Federal holiday."  The question, therefore, is whether a snow day will qualify as a "Federal Holiday."

After expending considerable effort, I have been unable to locate any precedent indicating that a snow day will necessarily qualify as a Federal Holiday under rule 1.7.  There have been a few instances where the PTO has indicated that certain circumstances will be considered a Federal Holiday, but those determinations were predicated on some major disaster (e.g., 9/11) or on an interruption of the operation of the U.S. postal service.  In the latter case, the PTO often restricted the Federal Holiday designation geographically, i.e., to the regions of the country where postal service was interrupted.  I did see one indication on a foreign law firm website that the USPTO considers accumaulation of snow "predictable" and therefore no extensions would be granted.  I was unable to confirm (or disaffirm) that indication through independent research.

[xephay]

from USPTO Intranet:

Former examiners who have passed their probationary requirement and who have resigned less than three years ago or have more than three years experience examining patents are invited to apply. The USPTO estimates that a few hundred former examiners are eligible to be rehired. Of that number, less than 100 are expected to accept the offer. Vacancy announcements for the positions have been posted at www.USAJobs.gov. The openings are for GS-9 through GS-14.

The initiative to rehire examiners will not increase the size of the agency’s workforce, but it will hopefully help the agency keep pace with the attrition rate. Currently 30 to 40 examiners per month leave the USPTO.

[klaviernista]

from USPTO Intranet:

Former examiners who have passed their probationary requirement and who have resigned less than three years ago or have more than three years experience examining patents are invited to apply. The USPTO estimates that a few hundred former examiners are eligible to be rehired. Of that number, less than 100 are expected to accept the offer. Vacancy announcements for the positions have been posted at www.USAJobs.gov. The openings are for GS-9 through GS-14.

The initiative to rehire examiners will not increase the size of the agency’s workforce, but it will hopefully help the agency keep pace with the attrition rate. Currently 30 to 40 examiners per month leave the USPTO.

Good to know I have options.   

[nypatentlaw]

EXAMINER HIRING - i could not locate any annoucnements or postings on either the pto website or through a usajobs.com search for "patent examiner"... would appreciate if anyone knows and can provide better direction how to view these postings or apply.

thx.

[TRYINGIP]

Are there any SPE on this blog? I am a former examiner trying to make it back to the PTO homeland, however, I do not meet the requirements for being re-hired again. I worked for 2 1/2 years, and left about 3 1/2 years ago. Is there anyway for me to get back into the office, without having any problems. You comments are greatly appreciated.

[Akkon]

you need to search for "Status Jobs". There is a GUI "radio button" on usajobs, upper left corner.  I hope this helps.

Happy Holidays!

EXAMINER HIRING - i could not locate any annoucnements or postings on either the pto website or through a usajobs.com search for "patent examiner"... would appreciate if anyone knows and can provide better direction how to view these postings or apply.

thx.

[hateresq]

Does anyone have idea when USPTO will begin hiring new examiners, not former examiners?

[LivingItUp]

  I do not meet the requirements for being re-hired again. I worked for 2 1/2 years, and left about 3 1/2 years ago. Is there anyway for me to get back into the office, without having any problems.

You are a former non-probationary examiner with 2.5 USPTO patent examining experience + .5 years in IP school/other employer patent examining experience. Sounds like you are eligible ?

[dablueman]

You are a former non-probationary examiner with 2.5 USPTO patent examining experience + .5 years in IP school/other employer patent examining experience. Sounds like you are eligible ?

He doesn't meet either of the 2 criteria that xephay posted above:

from USPTO Intranet:
Former examiners who have passed their probationary requirement and who have resigned less than three years ago or have more than three years experience examining patents are invited to apply.

He resigned more than 3 years ago and had less than 3 years experience examining patents.