Patent Attorney (Law Clerk)

Summary

Kickstart your career at America's Innovation Agency, whose mission is to drive U.S. innovation and global competitiveness for the benefit of all Americans. The United States Patent and Trademark Office seeks talented professionals to serve as Patent Attorneys (Law Clerks) to assist Administrative Patent Judges (APJs) in deciding appeals from adverse decisions of patent examiners and to assist APJs in America Invents Act (AIA) trial proceedings.

Duties

The physical worksite for this position is located in Alexandria, Va. This position is located in the Patent Trial & Appeal Board (PTAB), Office of the Under Secretary & Director (U/DIR), United States Patent & Trademark Office (USPTO). This position is a full-time, temporary appointment, with a one-year term that will typically end around 1 October 2028. The incumbent of this position will be a Patent Attorney serving as a Law Clerk. This role is the ideal next career step for you if: You want to learn what it is like to assist APJs in addressing appeals from adverse decisions of Examiners regarding patent applications, reissue applications, and reexamination requests; adjudicating Inter Partes Review proceedings, Post-Grant Review proceedings, and Derivation proceedings; conducting interference proceedings; and participating in other projects critical to the PTAB's mission. You're eager to engage in research and writing to assist APJs in the disposition of cases from the various jurisdictions of the PTAB, including assisting in the preparation of decisions on appeal and decisions in AIA trial proceedings, for example, decisions on institution, declarations of interference, orders on motions, and final written decisions. You want to play a key role in reviewing and analyzing briefs, answers, and evidence of record in appeals and AIA trial proceedings, and in identifying all relevant factual and legal issues raised by patent applicants, petitioners, patent owners, and/or third-party requesters, leading to the ultimate adjudication of appeals and AIA trial proceedings. You want to hone your legal skills by researching statutes, legislative history, relevant case law, and applicable USPTO rules, regulations, standards, and procedures, as needed, to analyze issues and points of law for particular matters or to support the PTAB's overall mission; preparing written work product including legal memoranda, bench briefs, orders, and decisions; assisting in proofreading orders and decisions, verifying citations, and ensuring procedural requirements; assisting with docket management; assisting with scheduling and conducting conference calls; and assisting with other projects critical to the Board's mission. You're passionate about researching and drafting memoranda for special projects and initiatives concerning patent laws, statutes, and USPTO policy at the direction of and under the supervision of the agency's management. Qualifications

The USPTO sets minimum qualifications for Attorney clerk positions and sets forth these qualifications in each vacancy announcement. These qualifications include: (1) technical skills meeting the education requirements below; and (2) a law degree prior to the start date.

Education

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. Eng. 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 degrees, 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 the degrees 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. Option 2: 32 semester hours in a combination consisting of the following: 8 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. Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will be accepted. Option 4: 40 semester hours in a combination consisting of the following: 8 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. Please refer to General Schedule Qualification Policies 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 will be considered. Report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education. How You Will Be Evaluated

Your qualifications will be evaluated based on your application materials (e.g., resume, supporting documents), your responses on the application questionnaire, and your responses to all assessments required for this position. You will be assessed on the following competencies (knowledge, skills, abilities, and other characteristics): Attention to Detail Flexibility Integrity/Honesty Interpersonal Skills Reasoning Self-Management Stress Tolerance Teamwork Overstating your qualifications and/or experience in your application materials or application questionnaire may result in your removal from consideration. Cheating on an assessment may also result in your removal from consideration. The best qualified candidates will be identified for referral to the hiring manager and may be invited for an interview. If referred all relevant documents submitted with your application package will be forwarded to the selecting official, due weight shall be given to performance appraisals and awards in accordance with 5 CFR § 335.103(b)(3), during the interview/selection process conducted by the hiring manager. Falsifying your background, education, and/or experience is cause for not hiring you or for changing your scored responses to questions you've answered, which may affect your overall final score. To preview the application questionnaire, click the following link: https://apply.usastaffing.gov/ViewQuestionnaire/13052325 Please Note: Writing samples may be requested prior to being interviewed. 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 sexual orientation), national origin, political affiliation, marital status, disability, genetic information, age, pregnancy, childbirth, or related medical conditions, retaliation for engaging in protected activity, 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 via email ([email protected]) or phone (571-272-8292). Other 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 a Non-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 a one-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. Reasonable Accommodation (RA) Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire Competency Based Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments, based on your adjudication decision. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments if you received the link after the close of the announcement. To determine if you need a RA, please review the Procedures for Requesting a Reasonable Accommodation for Online Assessments.