Promotions

Patent Examiners are promoted regularly under the career ladder process up to the full-performance level of GS-13.  The Examiner must exhibit at least Fully Successful performance under all elements of the Patent Examiner Performance Appraisal Plan (PAP) for their current grade. In addition, the Examiner must demonstrate that their performance under the Production Element of their Performance Appraisal Plan is half way between the production requirements for their current grade and the next grade in the promotion ladder for at least the last 13 biweeks of their promotion cycle, which is a sliding window. The promotion cycle under the regular promotion career ladder process is a minimum of one year.

The Examiner is competing for promotion against clear definitive standards of achievement; rather than competing against other employees for a limited number of slots or vacancies at the next grade level. Promotion to the GS-13 grade level requires passing the Certification Exam, which contain half the questions of the Patent Bar Exam and usually does not contain any questions relating to the Attorney-Client Relationship. For Design Patent Examiners, Promotion to the GS-13 grade level also requires passing the Partial Signatory Authority Review Program.

In order for the Examiner to be promoted beyond the GS-13 grade level, the Examiner must either pass the Full Signatory Authority Review Program or receive a Master level rating, either of which require passing the Partial Signatory Authority Review Program first, to attain the GS-14 grade level. Again, the Examiner must exhibit at least Fully Successful performance under all elements of the Patent Examiner Performance Appraisal Plan (PAP) for their current grade GS-13 and must demonstrate that their performance under the Production Element of their Performance Appraisal Plan is half way between the production requirements for their current grade and the next grade in the promotion ladder for the entire length of their promotion cycle.

PROBATIONARY EMPLOYEES - RAPID PROMOTION 

Depending on the individual job offer, Patent Examiners may receive accelerated promotion(s) after six months at the USPTO when going from GS-5 to GS-7; GS-7 to GS-9; or GS-9 to GS-11. Such a promotion is not guaranteed. The Examiner must exhibit at least Fully Successful performance under all elements of the Patent Examiner Performance Appraisal Plan (PAP) as evaluated by their trainer and/or supervisor in order to qualify.

In addition, the ability to receive rapid promotions is no longer available after two years in the office.