The PTAB is responsible for hearing and deciding appeals from adverse decisions of examiners concerning applications for patents; and making final determinations of questions of patentability. The PTAB is also responsible for conducting trial proceedings established under the Leahy-Smith America Invents Act (AIA) (Public Law 112-29; Sept 16, 2011) including inter partes review proceedings, post-grant review proceedings, covered business method review proceedings, and derivation proceedings.
Summary
The PTAB is responsible for hearing and deciding appeals from adverse decisions of examiners concerning applications for patents; and making final determinations of questions of patentability. The PTAB is also responsible for conducting trial proceedings established under the Leahy-Smith America Invents Act (AIA) (Public Law 112-29; Sept 16, 2011) including inter partes review proceedings, post-grant review proceedings, covered business method review proceedings, and derivation proceedings.
The physical worksite for this position is located in Alexandria/ Virginia. 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.
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. Federal agencies may 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. Contact the USPTO's Office of Equal Employment and Diversity at (571) 272-8292 or OEEOD@uspto.gov for information on obtaining an exception to the requirement.
This position is located in the Patent Trial and Appeal Board (PTAB), Office of the Under Secretary & Director (U/DIR), United States Patent and Trademark Office (USPTO).
The employee provides legal support to the Administrative Patent Judges (APJs) by performing the following legal duties but not limited to:
Monitors and participates in the deliberations of Ex Parte or Inter Partes panels as directed by the APJ and drafts, reviews, and revises decisions for the panel, which accurately reflects the panel's decision on each issue involved.
Assists APJs in conducting AIA trial proceedings, including conducting Inter Partes Review proceedings, conducting Post-Grant Review proceedings, conducting Covered Business Method Patent Review proceedings, and/or conducting Derivation proceedings.
Researches and reports cases to the APJ, identifies any special technical features of the case or legal precedent pertinent to the case.
Drafts complete decisions, orders, and opinions for circulation among panel members relating to complex fact patterns and intricate legal issues.
As required, leads others in the review and analysis of current and proposed patent laws, regulations, guides and directives related to controversial scientific, financial, corporate, medical, engineering or other highly technical areas and provides substantive technical guidance on subject issues.
Any other project critical to the mission of the PTAB.
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 professional and 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 possess a Law Degree and an active bar membership of any state, the District of Columbia, Guam or Puerto Rico.
This position requires a Financial OF-450 Disclosure.
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.
Specialized Experienceis 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
In order to qualify for this position at the GS-14 level, you must possess at least one (1) year of Specialized Experience equivalent to the next lower grade level, GS-13 AND three (3) years of the Professional Legal/Law Experience, Post J.D.
GS-15
In order to qualify for this position at the GS-15 level, you must possess at least one (1) year of Specialized Experience equivalent to the next lower grade level, GS-14 AND four (4) years of the Professional Legal/Law Experience, Post J.D.
SPECIALIZED EXPERIENCE is defined as:
Litigation experience, appellate experience, 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.
AND
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.
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
To meet minimum eligibility requirements for this position, applicants must:
(A) Possess a Bachelor's degree in the study of engineering, chemistry, or biology from an accredited undergraduate college or university.
For 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. This 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.
AND
(C) Proof of successful completion of a law degree (minimum: J.D. or equivalent).
(D) Proof ofactive membershipof 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."
If this position requires proof of higher education, or you are substituting education for experience, you must submit an unofficial transcript or a list of courses that includes the following information: name of accredited institution, grades earned, completion dates, and quarter and semester hours earned. Education completed in foreign colleges or universities may be used to meet the requirements. 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 will be considered. Report only attendance and/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 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.
GS-14 This is a Public Trust position and has a risk level designation of "MODERATE". GS-15 This is a Public Trust position and has a risk level designation of "HIGH".
This position requires a Financial OF-450 Disclosure. For more information on 450 filing, please visit: https://www.oge.gov
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.
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).
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.
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 and any supporting documentation.
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 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).
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.
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.
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 UNDERGRADUATE and LAW SCHOOL 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.
3. Bar Membership Documentation: You MUST submit documentation showing that you are an active
member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial
Court under the U.S. Constitution. Examples of acceptable bar documentation may include one of the following: 1) Copy of Bar Card; 2) Screen shot of state of licensure with your name identified; 3) Copy of Certificate of Good Standing.
4. Veterans' Preference Documentation, if applicable: These 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.
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.
If you are relying on your education to meet qualification requirements:
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.
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.
TMCO-Patent Trial and Appeal Board
550 Elizabeth Lane
Alexandria, VA 22314
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.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
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 UNDERGRADUATE and LAW SCHOOL 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.
3. Bar Membership Documentation: You MUST submit documentation showing that you are an active
member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial
Court under the U.S. Constitution. Examples of acceptable bar documentation may include one of the following: 1) Copy of Bar Card; 2) Screen shot of state of licensure with your name identified; 3) Copy of Certificate of Good Standing.
4. Veterans' Preference Documentation, if applicable: These 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.
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.
If you are relying on your education to meet qualification requirements:
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.
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.
TMCO-Patent Trial and Appeal Board
550 Elizabeth Lane
Alexandria, VA 22314
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.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
