Duties

Summary

Come work for the USPTO, we have been ranked as one of the best places to work in the federal government! The U.S. Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. The USPTO is headquartered in Alexandria, Virginia, and has over 12,000 employees. For more information about the USPTO, please visit the USPTO Jobs Website .

Learn more about this agency

Responsibilities

THE VACANCY DATE HAS BEEN EXTENDED AND WILL CLOSE ON FRIDAY, SEPTEMBER 10, 2021.

This position is a full-time, temporary appointment, with a one year term that will typically start around 1 October 2022 .

The incumbent of this position will be a Patent Attorney serving as a Law Clerk.

The Patent Attorney (Law Clerk) will be responsible for assisting Administrative Patent Judges in the following:

• Adjudicating Inter Partes Review proceedings, Post-Grant Review proceedings, Covered Business Method Review proceedings, and Derivation proceedings; addressing appeals from adverse decisions of Examiners regarding patent applications, reissuing applications, and reexamination requests; conducting interference proceedings; and other projects critical to the Board's mission.
• Researching and writing tasks to assist the Administrative Patent Judges in the disposition of cases from the various jurisdictions of the Board, including assisting in the preparation of decisions on appeal, decisions to institute Inter Partes Review, Post-Grant Review, Covered Business Method Review, and Derivation proceedings, declarations of interference, orders, decisions on motions, final written decisions, and judgments.
• Assisting Administrative Patent Judges in comprehensively reviewing and analyzing appeal briefs, answers, reply briefs, and evidence of record in each appeal to identify all relevant factual and legal issues raised by patent applicants, patent owners, and/or third party requesters en route to ultimate adjudication of the appeal.
• Researching statutes, legislative history, relevant case law, applicable USPTO rules, regulations, standards, and procedures, as needed to analyze issues and points of law for particular matters or germane to the Board's overall mission; prepares written work product including legal memoranda, bench briefs, orders, and decisions and assist in proofreading orders and decisions, verifying citations, and ensuring procedural requirements; assisting with docket management, scheduling and conducting of conference calls, and scheduling of filing due dates and time periods with the parties; and assisting with other projects critical to the Board's mission.
• Researching and drafting memorandum for special projects and initiatives concerning patent laws, statutes, and USPTO policy at the direction of and under the supervision of PTAB and USPTO management.

Travel Required

Not required

Supervisory status
No

Promotion Potential
12

Requirements

Conditions of Employment

• You must be a U.S. Citizen or National.
• You must show proof of Law School graduation prior to start date.
• Suitable for Federal employment.
• Required to pass a background investigation and fingerprint check.
• Must be registered for Selective Service, if applicable (www.sss.gov)

The physical worksite for this position is located in Alexandria, VA. However, the United States Patent and Trademark Office (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 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, any applicable bargaining unit agreements, and supervisory approval. Payment of relocation expenses, as applicable, will be paid in accordance with this Job Opportunity Announcement.

If selected for this position, you may be required to serve an initial one year trial period.

If selected, all qualifications must be maintained throughout the period of employment.

Applicants must possess a Bachelor's degree in the study of engineering, chemistry, or biology from an accredited undergraduate college or university. *Please refer to the "Qualifications" section of this announcement.

During the opening period of the vacancy announcement, applicants MUST be enrolled in a law degree program (minimum: J.D. or equivalent) from an accredited college or university. Applicants MUST have a conferred law degree prior to the start date of 1 October 2022.

A Law transcript must be submitted with your application. Please ensure your law transcripts indicate the type of degree awarded and the date it was or will be awarded.

Failure to provide proof of graduation prior to the start date will result in rescinding the applicant's selection of the position.

Qualifications

The Office of Personnel Management (OPM) has not issued qualification standards for attorney positions. USPTO sets minimum qualifications for attorney clerk positions and sets forth these qualifications in each vacancy announcement.

To meet minimum qualifications requirements for this position, applicants must: Possess a Bachelor's degree in the study of engineering, chemistry, or biology from an accredited undergraduate college or university.

To meet the basic qualifications requirement with an engineering degree, the curriculum must:

1. Be accredited by the Accreditation Board for Engineering and Technology (ABET) as a professional engineering curriculum; OR

2. Include differential and integral calculus and courses (more advanced than first-year physics and chemistry) in five of the following seven areas:

a) statics, dynamics

b) strength of materials (stress-strain relationships)

c) fluid mechanics, hydraulics

d) thermodynamics

e) electrical fields and circuits

f) nature and properties of materials (relating to particle and aggregate structure to properties)

g) any other comparable area of fundamental engineering science or physics, such as optics, heat transfer, soil mechanics or electronics; OR

(B) A combination of Education and Experience. This combination of college level education, training and/or technical experience must have furnished both:

• A thorough knowledge of the physical and mathematical sciences underlying professional engineering; AND
• A good understanding, both theoretical and practical, of the engineering sciences and techniques and their application to professional engineering.

(B) can be demonstrated by one of the following:

1. Professional registration-- Current registration as a professional engineer by any State, the District of Columbia, Guam or Puerto Rico.

2. Written test-- Evidence of passing the Engineer-in-Training (EIT) examination or the written test required for professional registration, administered by the Boards of Engineering Examiners in various States, the District of Columbia, Guam and Puerto Rico.

3. Specified academic courses-- Successful completion of at least 60 semester hours in the physical, mathematical and engineering sciences and including the courses specified in the basic requirements. The courses must be fully acceptable toward meeting the requirements of a professional engineering curriculum as described in paragraph A.

4. Related curriculum-- Successful completion of a curriculum leading to a bachelor's degree in engineering technology or in an appropriate professional field, e.g., physics, chemistry, biology, architecture, computer science, mathematics, hydrology, or geology, may be accepted in lieu of an Engineering degree, provided the applicant has had at least 1 year of professional engineering experience with professional engineering supervision and guidance.

To meet the basic qualifications requirement with a chemistry degree, the curriculum must:

1. Degree: physical sciences, life sciences, or engineering that included 30 semester hours in chemistry, supplemented by course work in mathematics through differential and integral calculus, and at least 6 semester hours of physics.
OR
2. Combination of education and experience -- course work equivalent to a major as shown in A above, including at least 30 semester hours in chemistry, supplemented by mathematics through differential and integral calculus, and at least 6 semester hours of physics, plus appropriate experience or additional education.

To meet the basic qualifications requirement with a biology degree, the curriculum must:

1. Degree: biological sciences, agriculture, natural resource management, chemistry, or related disciplines appropriate to the position.
OR
2. Combination of education and experience --courses equivalent to a major, as shown in A above, plus appropriate experience or additional education.

The quality of the combination of education and experience must be sufficient to demonstrate that the applicant possesses the knowledge, skills, and abilities required to perform work in the occupation, and is comparable to that normally acquired through the successful completion of a full 4-year course of study with a major in the appropriate field.

Education

Applicants must: Possess a Bachelor's degree in the study of engineering, chemistry, or biology from an accredited undergraduate college or university as identified in the "Qualifications" section of this announcement.

During the opening period of the vacancy announcement, applicants MUST be or have been enrolled in a law degree program (minimum: J.D. or equivalent) from an accredited college or university. Applicants MUST have a conferred law degree prior to the start date of 1 October 2022 .

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.

Additional information

Applicants applying for this position must be a United States Citizen.

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 a not Bargaining Unit position.

This is a Public Trust position and has a risk level designation of "MODERATE".

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.

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 an initial one-year trial period for the duration of your appointment.

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.

CTAP and ICTAP candidates will be eligible for selection priority if it is determined that they have exceeded the minimum qualifications for the position by attaining at least a "well qualified" rating of 85 out of 100. Information about CTAP and ICTAP eligibility is on the Office of Personnel Management's Career Transition Resources website at: OPM CTAP/ICTAP . CTAP/ICTAP documentation requirements are listed in the "Required Documents" section of this announcement.

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.

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).

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Your eligibility for consideration and qualifications for the position will be determined based upon a review of your detailed resume and your supporting documents.

Please note that a complete application is required for consideration. (Please review the "Required Documents" section of this job announcement to see what must be included in a complete application).

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Position sensitivity and risk
Moderate Risk (MR)

Trust determination process
Suitability/Fitness

Required Documents

Your application and all required documentation must be received by 11:59 p.m. Eastern Time on the closing date of this job announcement.

A complete application consists of:

1. A resume or any other written format you choose to describe your job-related qualifications; optional cover letter: Your resume should indicate your citizenship and should list your educational and work experience including job titles, salary, employment dates, duties and accomplishments, experience.

2. Transcripts: You MUST submit copies of your college transcripts for verification of the education requirements. Unofficial copies are acceptable, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirements. Inadequate or illegible information could result in non-qualification and loss of consideration.

3. Law School Transcripts: You MUST submit copies of your Law School transcripts for verification of the education requirements. Unofficial copies are acceptable, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirements. Inadequate or illegible information could result in non-qualification and loss of consideration.

Supporting Documents:

Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documents - Applicants will be asked to submit:
(1) A copy of your specific RIF notice, written notice of your expected separation or other documents of priority consideration status;
(2) A copy of your latest SF-50 noting current position, grade, and duty location;
(3) A copy of your last performance appraisal and the rating; and
(4) Any documents from your agency that shows your current promotion potential.

You can choose ONE of the following methods to submit Supporting Documents:

1) You can upload your documents when you register or update your information on the Dept. of Commerce site which you access through the USAJobs site.

OR

2) You can fax your documents to 571-258-4254 using the system generated fax cover sheet.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.