Skip to main content
Posted March 22, 2024

Patent Attorney (OCJ)

Patent and Trademark Office
Location Negotiable After Selection Full Time
Reference: PatentandTrademarkOffice782997500

Elevate your career at an agency that celebrates, supports, and thrives on building the bridge that ensures intellectual property (IP) rights are...

Elevate 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 USPTO is a diverse and inclusive organization that is seeking talented professionals to serve as an Office of the Chief Judge Patent Attorney at the Patent Trial and Appeal Board (PTAB). This position is considered confidential, as it deals with management plans and operations, labor relations, personnel, and financial data.

Applicants must possess the following educational requirements:

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. Engineering; 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 degree 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. ii. Option 2: 32 semester hours in a combination consisting of the following: Eight 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. iii. Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will be accepted. iv. Option 4: 40 semester hours in a combination consisting of the following: Eight 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

AND

F. Proof of active membership of the Bar of any state, District of Columbia, Puerto Rico, or any U.S. territory, in good standing.

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 is considered. Report only attendance and/or degrees from schools accredited by institutions recognized by the U.S. Dept. of ED.

This position is remote eligible per agency and business unit discretion/policy.

This position is located in the U.S. Patent and Trademark Office, Patent Trial and Appeal Board (PTAB).

This role is the ideal next career step for you if:

  • You have the ability and discretion to assist the Chief Administrative Patent Judge (CAPJ) in performing and coordinating assigned duties of a sensitive and confidential nature.
  • You have the skills to review and analyze current and proposed patent laws, regulations, guidelines, and directives related to scientific, financial, corporate, medical, engineering, or other highly technical areas and be able to provide substantive technical guidance and develop new policies.
  • You possess the knowledge to assist Administrative Patent Judges (APJs) in handling ex parte appeals and America Invents Act (AIA) or other inter partes proceedings by helping draft decisions and orders relating to complex fact patterns and intricate legal issues, and, more specifically, by:
    • Researching and reporting on relevant statutes, regulations, and case law to the APJs and identifying any special technical features of the case or legal precedent pertinent to a case;
    • Monitoring and participating in the deliberations of APJs; and
    • Participating in drafting, reviewing, and revising decisions and orders for the APJs, which accurately reflect the APJs' decision on each issue.
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. OPM Qualifications Standards are available at OPM Website.

Patent Attorney Series, 1222

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: Candidates for the GS-14 grade level must have at least 52 weeks of specialized experience equivalent to the next lower GS-13 grade level in the Federal service in the following:
  • Experience analyzing and interpreting patent laws and regulations; identifying long range implications of proposed actions and preparing a plan to address potential impacts; and writing multiple types of legal documents including memoranda, speeches, testimonies, and legislative proposals.
GS-15: Candidates for the GS-15 grade level must have at least 52 weeks of specialized experience equivalent to the next lower GS-14 grade level in the Federal service in the following:
  • Experience developing and implementing patent laws and regulations; identifying long range implications of proposed actions and implementing a plan to address potential impacts; and writing multiple types of legal documents including memoranda, speeches, testimonies, and legislative proposals.

In addition to the specialized experience listed above, you must have:

GS 14: three (3) years post J.D. of the professional legal experience listed below.

GS 15: four (4) years post J.D. of the professional legal experience listed below.

Professional legal experience is experience that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position to be filled. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide-scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve patent examination or patent prosecution experience; acting as an attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal counsel to a major firm or organization.

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.

This listing expired on Apr 21. Applications are no longer accepted.

Below are some other jobs we think you might be interested in.