Patent Attorney (Law Clerk)

Department of Commerce

Patent and Trademark Office

Patent Trial and Appeal Board (PTAB)

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.

This job is open to

The public

U.S. Citizens, Nationals or those who owe allegiance to the U.S.

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, 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.

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).
If selected, you may be required to complete a one-year trial period.
You must meet all qualification requirements upon the closing date of this announcement.
Suitable for Federal Employment
This position requires the completion of the OF-450 Financial Disclosure Statement.

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:Onlyeducationandexperienceacquiredbeforethefilingdeadlinewillbeconsidered.Reportonlyattendanceand/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

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 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.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

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 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 (oeeo@uspto.gov) or phone (571-272-8292).

Required Documents

A complete application consists of:

1. Resume: All applicants are required to submit a two-page resume (NOT TO EXCEED 2 PAGES). Resumes exceeding this limit will not be considered eligible. Please submit only one resume. Only the document uploaded under the "Resume "section as the "Document Type" will be reviewed to assess your qualifications and for evaluation purposes. To receive full credit for relevant experience, please list the month/year (MM/YY - MM/YY) and number of hours worked for experience listed on your resume. We suggest that you preview the online questions, as you may need to customize your resume to ensure that it supports your responses to these questions. Resume should clearly state your experience related to this position as described in the Duties section and Qualifications section.

2. Professional or Academic References: Provide 2-3 professional/academic references (name, phone, email); one must be your current supervisor. We'll notify you before contacting them.

3. Transcripts (Undergraduate and Law School): 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.

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 limit).

Please Note: Any experience claimed in a cover letter should be substantiated by information contained in your resume. A HR Representative will validate the qualifications of those candidates eligible to be referred to the hiring official.

Supporting Documents:

1. 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. For more information, please visit Feds Hire Vets.

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

Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows:

Click the Apply Online button.
Answer the questions presented in the application and attach all necessary supporting documentation.
Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice.
Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended.
Set aside at least 2 hours to take the USA Hire Assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link.
Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused.

Visit the USA Hire Applicant Resource Center for practice assessments and assessment preparation resources at https://support-usahire.opm.gov/hc/en-us.

To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.

To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.

Agency contact information

Dominique Smith

Phone: 571-272-4681
Email: dominique.smith@uspto.gov

Address: TMCO-Patent Trial and Appeal Board
Office of Human Resources
Mail Stop 171
P.O. Box 1450
Alexandria, VA 22313-1450
US

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.

Patent Attorney (Law Clerk) Job in Alexandria, VA