Duties

The physical worksite for this position is located in Alexandria,Virginia. However, the USPTO is currently under a maximum telework posture due to the COVID-19 pandemic; therefore, this position is currently under a 100 percent telework schedule. The position's telework schedule will likely change in the future when the USPTO moves away from its maximum telework posture. At that time, the incumbent will be expected to report to the physical work site in accordance with the updated status requirements of their supervisor. The nature and scope of future telework opportunities will be subject to the unit's telework policy and supervisory approval. Payment of relocation expenses, as applicable, will be paid in accordance with this Job Opportunity Announcement.

To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to E.O. 14043, that requirement does not currently apply. The USPTO will request information regarding the vaccination status of selected applicants for the purposes of implementing other workplace safety protocols, such as protocols related to masking, physical distancing, testing, travel, and quarantine.

The incumbent in this position will be responsible for:

• Assisting the Chief Administrative Patent Judge (CAPJ) in performing and coordinating assigned duties of a sensitive and confidential nature.
• As requested by the CAPJ, reviewing and analyzing current and proposed patent laws, regulations, guides and directives related to controversial scientific, financial, corporate, medical, engineering or other highly technical areas and providing substantive technical guidance on subject issues.
• Assisting Administrative Patent Judges (APJs) in handling ex parte appeals and America Invents Act (AIA) or other inter partes proceedings by reviewing case files, helping draft decisions/orders, and otherwise assisting APJs in their duties. These responsibilities may involve:
  • Researching and reporting on relevant statues, regulations, and case law to the APJ; identifying any special technical features of the case or legal precedent pertinent to a case.
  • Participating in drafting decisions, orders, and opinions for circulation among panel members relating to complex fact patterns and intricate legal issues.
  • Monitoring and participating in the deliberations of PTAB panels as directed by the APJs and participating in drafting, reviewing, and revising decisions for the panel, which accurately reflects the panel's decision on each issue involved.

Requirements

Conditions of Employment

• Applicants will only be accepted from United States Citizens and Nationals.
• Your resume and question responses must demonstrate the job-related competencies.
• You must meet the definition of specialized experience.
• Required to pass a background investigation and fingerprint check.
• Must be registered for Selective Service, if applicable (www.sss.gov) Suitable for Federal employment.
• If selected, you may be required to complete a two-year trial period.
• You must meet all qualification requirements upon the closing date of this announcement.
• You must be suitable for Federal employment.
• You must possess a law degree from an ABA accredited university.
• You must possess an active bar membership of any state.
• A Financial Disclosure, OGE Form 450 filing is required for this position.

Qualifications

You must meet the United States Office of Personnel Management's (OPM) qualification requirements (including specialized experience and/or educational requirements) for the advertised position. You must meet all eligibility and qualifications requirements by the closing date of the job announcement. Additional information on the qualification requirements is outlined in the OPM Qualifications Standards Handbook of General Schedule Positions. It is available for your review on the OPM Website .

Patent Attorney Series, 1222

Specialized Experience is experience that has equipped applicants with the particular knowledge, skills and abilities to successfully perform the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level in the federal service.

GS-14
Specialized experience is experience that has equipped you with the particular knowledge, skills and abilities to perform successfully the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level.

For this position, the next lower grade level is a GS-13.

Litigation, appellate, federal court clerkship, or patent prosecution experience addressing technical issues in the area of patent law.

Drafting responsibility for briefs, memos, and legal opinions in the area of patent law.

Conducting legal research and preparing written analysis of legal, factual, or policy issues in the area of patent law.

In addition to the specialized experience described above, applicants must have the following minimum years of Professional Law/Legal Experience:

For the GS­-14: At least three (3) years of:

Professional Legal/Law Experience: Professional legal/law experience is experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; conducting investigations to obtain facts; determining questions of law; studying, analyzing and evaluating legal precedents, to present findings. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide­ scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization.

GS-15
Specialized experience is experience that has equipped you with the particular knowledge, skills and abilities to perform successfully the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level.

For this position, the next lower grade level is a GS-14.

Litigation, appellate, federal court clerkship, or patent prosecution experience addressing technical issues in the area of patent law.

Drafting responsibility for briefs, memos, and legal opinions in the area of patent law.

Conducting legal research and preparing written analysis of legal, factual, or policy issues in the area of patent law.

In addition to the specialized experience described above, applicants must have the following minimum years of Professional Law/Legal Experience:

For the GS-15: At least four (4) years:

Professional Legal/Law Experience: Professional legal/law experience is experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; conducting investigations to obtain facts; determining questions of law; studying, analyzing and evaluating legal precedents, to present findings. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide-scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization. The incumbent is also expected to have expert knowledge of leadership and team building skills and techniques such as group facilitation, coordination, coaching, problem solving, interpersonal communication, integration of work processes and products, obtaining resources, and liaison with the supervisor to ensure efficient and adequate outcome and results (e.g. timely delivery of quality work products and services produced by the team lead). Additionally, the incumbent is expected to display the ability to make managerial decisions, to include planning, reviewing, and evaluating the work of others as well as providing feedback on the results of the work assigned. The incumbent is also expected to possess expert skill in preparing well-written, persuasive, and accurate documents for a variety of audiences, which are fully supported by appropriate facts and analysis.

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

Applicants must possess the following educational requirements: To meet minimum eligibility requirements for this position, applicants must:

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. Engineering; 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. ii. Option 2: 32 semester hours in a combination consisting of the following: Eight 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. iii. Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will be accepted. iv. Option 4: 40 semester hours in a combination consisting of the following: Eight 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. Possess practical Engineering or Scientific Experience.

Applicant relying on practical engineering or scientific experience or who does not qualify under section 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 (minimum: J.D. or equivalent).

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.
Please refer to http://www.opm.gov/qualifications/policy/ApplicationOfStds-04.asp for more information. You are not required to submit official documents at this time; copies are sufficient.

Special Instructions for Foreign Education: Qualifying education from colleges and universities in foreign countries must be evaluated in terms of equivalency to that acquired in U.S. colleges and universities. Applicants educated in whole or in part in foreign countries must submit sufficient evidence, including transcripts, to an accredited private organization for an equivalency evaluation of course work and degree. A listing of these accredited organizations can be found on the Department of Education's website - US Department of Education . Another listing of services that can perform this evaluation is available at the National Association of Credential Evaluation Services (NACES) website. You must provide a copy of the letter containing the results of the equivalency evaluation with a course by course listing along with your application. Failure to provide such documentation when requested will result in lost consideration.

NOTE: Only education and experience acquired before the filing deadline is considered. Report only attendance and/or degrees from schools accredited by institutions recognized by the U.S. Dept. of ED.

Additional information

If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System. If you are exempt from registration under Selective Service Law, you must provide appropriate proof of exemption. Please visit the Selective Service System website for more information.

This is not a Bargaining Unit position.

If selected for this position, you may be required to complete the Fair Credit Act Memo, which gives consent so that one or more consumer credit reports may be obtained for employment purposes.

At the GS-14, this is a Public Trust position and has a risk level designation of "Moderate Risk".

At the GS-15, this is a Public Trust position and has a risk level designation of "High Risk".

Background Investigation - If selected for this position, you may be required to complete a Declaration for Federal Employment (OF-306), which includes a fingerprint and credit check, to determine your suitability for Federal employment and to authorize a background investigation.

A Financial Disclosure, OGE Form 450 filing is required for this position.

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

Trial Period - If selected, you may 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.

Relocation Expenses are not authorized and will not be paid.

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).