Summary
Kickstart your career at an agency that celebrates, supports and thrives on building the bridge that ensures intellectual property (IP) rights are accessible to everyone. The United States Patent and Trademark Office is a diverse and inclusive organization that is seeking talented professionals to serve as Law Clerks to assist Administrative Patent Judges (APJs) in deciding appeals from adverse decisions of patent examiners and to assist APJs with America Invents Act (AIA) trial proceedings.
This job is open to
Clarification from the agency
Applications will be accepted from all U.S. Citizens or Nationals.
Duties
The physical worksite for this position is located in Alexandria,Virginia.This position is telework eligible per agency and business unit discretion/policy. 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 start around 1 October 2025. 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 adjudicating Inter Partes Review proceedings, Post-Grant Review proceedings, and Derivation proceedings; addressing appeals from adverse decisions of Examiners regarding patent applications, reissue applications, and reexamination requests; conducting interference proceedings; and participating in other projects critical to the Board's mission.
- You're eager to engage in research and writing to assist the APJs in the disposition of cases from the various jurisdictions of the Board, including assisting in the preparation of decisions on appeal from adverse decisions of Examiners, and decisions in all types of trial proceedings, including decisions on institution, declarations of interference, orders on motions, and final written decisions, and judgments.
- You want to play a key role in reviewing and analyzing appeal briefs, answers, reply briefs, and evidence of record in ex parte appeals and in identifying all relevant factual and legal issues raised by patent applicants, patent owners, and/or third-party requesters leading to the ultimate adjudication of ex parte appeals.
- 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 Board's overall mission; preparing written work product including legal memoranda, bench briefs, orders, and decisions and assisting in proofreading orders and decisions, verifying citations, and ensuring procedural requirements; assisting with docket management; scheduling and conducting conference calls; and assisting with other projects critical to the Board's mission.
- You're passionate about researching and drafting memorandums 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.
Requirements
Conditions of Employment
- Applications 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 one-year trial period.
- This is an excepted position.
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 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.
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. Posses 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 Policy 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.
Benefits
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
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.
Please Note: Writing samples may be requested prior to being interviewed.
Your resume and any other supporting documentation will be evaluated by a Human Resources Specialist. Falsifying your background, education, and/or experience is cause for not hiring you.
Please click the link below to preview the Assessment Questionnaire:
https://apply.usastaffing.gov/ViewQuestionnaire/12384667
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).
Required Documents
A complete application consists of the following Supporting Documents:
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 titles, salary, employment dates, duties, experience and how it relates to the specialized experience in the job announcement.
2. Transcripts: You MUST submit copies of your college transcripts for verification of the education requirements. Unofficial copies are accepted, 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 requirement. Inadequate or illegible information could result in non-qualification and loss of consideration. (For Individual Occupational Requirements and/or Substitution of Education for specialized experience.
3. Veterans' Preference Documentation, if applicable: Positions are in the excepted service, not the competitive civil service. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the USPTO considers veterans' preference eligibility as a positive factor consideration in the hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., SF-15, DD 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation. You may also find more information on positive consideration for attorney hiring.
4. A written statement explaining why you are interested in the Patent Trial & Appeal Board, Intellectual Property, and the Law Clerk program and what you would like to gain from the experience. Be specific and include examples as appropriate (5,000 character limited).
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.
Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement. NOTE: The preceding documents requirement are based on job requirements and individual applicant eligibility. Not all documents are applicable to all applicants; if you are unsure which documents apply to you, contact the HR Specialist listed on this announcement.
How to Apply
You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement.
If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.
To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application."
If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance.
All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.
Personally Identifiable Information (PII)
Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth.
Please ensure that you have removed all Personally Identifiable Information from all documents prior to submitting or uploading your applications material.
Next steps
You will receive a notice generated by the USAJobs System when you have successfully submitted your application.
You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application." The four points of notification are:
1. Application Received or Application Incomplete;
2. Minimum Qualification Requirement Met or Minimum Qualification Requirement Not Met;
3. Eligible (Application Referred to the Selecting Official) or Eligible (Application Not Referred to the Selecting Official); and
4. Selected or Not Selected
After all application packages have been received, we will review your application and transcript(s) (if you are qualifying based on education) to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications on the information provided and you may be contacted for follow-up supplemental documentation. It is the applicant's responsibility to provide any supplemental documents or information requested by the Office of Human Resources within the allocated timeframes.
You will be required to submit official documentation prior to appointment. The agency will then verify the information provided on your application (i.e., degree, veterans' preference, disability, etc.).You can check the status of your application by logging into USAJOBS. You may also sign up to receive automatic emails anytime the status of your application has changed by logging into your USAJobs Account, editing your profile and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within 2 weeks after the closing date of this job announcement.
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