USPTO Board of Patent Appeals and Interferences
Internship/Externship Program has been suspended until further notice

USPTO Board of Patent Appeals and Interferences
Internship/Externship Program for Law Students

Program Objective

The internship/externship program is designed to provide law students interested in pursuing a career in patent law with a working knowledge of the decision-making processes of the Board of Patent Appeals and Interferences (BPAI).

Program Content

In general, the internship/externship program will provide participants with the opportunity to:

1. work under the supervision of an Administrative Patent Judge (APJ);
2. participate in the evaluation of patent appeals and/or interferences;
3. draft opinions relating to patent appeals and/or interferences as directed by the assigned APJ panels;
4. tour USPTO facilities;
5. visit and observe oral argument at the Court of Appeals for the Federal Circuit;
6. attend classes at the USPTO’s Patent Training Academy, when available;
7. observe BPAI hearings in patent appeals and/or interferences.

The nature of the work to be performed will be substantive and will vary according to the needs of the assigned Administrative Patent Judge.

Remuneration

The program does not allow for remuneration to interns/externs. Participants will be required to sign a Waiver of Compensation and a Statement of Volunteer Service.

Eligibility

The program is open to students enrolled at least half-time in an ABA accredited law school subject to the following conditions:

1. Employees of Law Firms

   Participants cannot be employed by or otherwise associated with a law firm in any capacity during their tenure in the internship/externship program. Should an applicant employed by a law firm be offered an internship at the Board, he/she will have to resign from the firm to participate in the program. The resignation must be made without any express or implied understanding with the firm as to future employment arrangements. In addition, the applicant may not participate in any matter in which the former law firm is a party or represents a party for one year following the resignation (which would cover the entire period of the internship).

2. Employees of the USPTO

   Employees of the USPTO must comply with the same application requirements imposed on applicants who are not employed by the USPTO. USPTO employees who participate in the program must conduct and complete their externships during non-duty, non-pay status hours only. This means that these employees cannot use compensatory time, annual leave or any form of non-duty pay status hours to satisfy the time requirements of the program.

3. Ownership Rights in Patents and Patent Applications

   Participants in the externship/internship program are treated as employees for the purposes of 35 U.S.C. § 4. Accordingly, participants “shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.”

4. Restrictions on Practice in Patent Matters

   Participants in the internship/externship program are also treated as employees for the purposes of 37 CFR § 11.10 regarding post-program practice in patent matters before the USPTO.

Duration of the Internships/Externships

In general, the duration of an internship/externship will run concurrently with and not exceed the length of one term of the participant’s law school calendar (e.g., a quarter or a semester).

Acceptance of the Internship/Externship Program by Law Schools for Credit

The internship/externship program is set up to meet customary standards for internships/externships at most law schools. The intent is to permit the participant, if he/she desires, to earn credit for the internship/externship toward their law school degree, either as an equivalent to regular course work or as part of a co-op arrangement. By way of example, a law school might require a commitment of at least 120 hours in the program as an alternative for a three (3) credit course. Applicants bear the burden of ensuring that their schools will grant the credit sought for participation in the program and should work closely with their law school advisors to avoid any misunderstandings.

Application Requirements

An application must include the following items:

1. A resume or statement addressing the following:
   1. Name, Address and Telephone and E-mail address (if any);
   2. Country of Citizenship;
   3. Undergraduate and Advanced Technical Degree(s) (Engineering or Science);
   4. Undergraduate and Advanced Non-Technical Degree(s);
   5. Universities attended;
   6. Law School(s) attended (including school currently attending);
   7. Academic Achievements;
   8. Extracurricular Activities.
      


2. A statement of good standing as a student enrolled at least half-time by the ABA accredited law school currently attending.
3. Evidence that the applicant meets at least one of the following criteria:
   
   1. Successful completion of a course in patent law;
   2. At least six (6) months patent examination experience in the USPTO;
   3. A passing grade in the examination for registration to practice in patent cases before the USPTO.
4. Copies of undergraduate, graduate and law school transcripts from each university and law school attended (unofficial copies are acceptable).
 
5. A statement signed by the applicant, if currently working at a law firm, declaring that he/she (1) will resign from the firm and that the resignation will be made without any express or implied understanding with the firm as to future employment arrangements and (2) will not participate in any matters in which the former law firm is a party or represents a party for one year, which would cover the entire period of the internship, following the resignation.
6. A statement signed by the applicant indicating compliance with 35 U.S.C. § 4.

Where to Submit the Application

A complete application including items A, B, C, D, E (if applicable) and F must be submitted by the appropriate deadline (see below) for the application to be considered. Applications are to be submitted via facsimile transmission to Adriene Hanlon at (571) 273-0300 or via mail to:

Adriene Hanlon
U.S. Patent and Trademark Office
Board of Patent Appeals and Interferences
Internship/Externship Program
Madison East, Room 9D20
P.O. Box 1450
Alexandria, VA  22313-1450

Deadlines for Submission of Applications

The following deadlines apply:

Submissions made after these deadlines will not be considered.

Number of Positions

The Board will sponsor a limited number of internships/externships each year subject to budgetary and space constraints.

Review and Selection of Participants

The Chief Administrative Patent Judge or his designee will review the submissions by the applicants and make selections according to the needs of the Board.

Living Arrangements

Participants are fully responsible for making all necessary living arrangements during the period of the internship. The USPTO’s Office of Human Resources may be available to provide limited assistance and may be contacted at (571) 272-6000.