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[funch]

Hello,
During my probationary period as an examiner, the USPTO gave me the choice: resign or be terminated.  I chose to resign.  In my opinion, low production and a poor relationship with my SPE is why I was not successful.  Several peers have told me that the quality of my work was pretty good, but I just couldn't get it out the door fast enough.       

The resignation has been a tough blow because I already have a law degree and I have already passed the Patent Bar.  Patent law was my career focus, but my experience at the USPTO has made me question that goal.  I would like advice from the forum on whether it is realistic to pursue a career as a patent attorney when I didn't make the cut as an examiner.  How understanding are law firms when a job applicant explains he or she resigned involuntarily from the USPTO?

Thank you

 

[ExaminerEsq]

What GS-level were you?  How long were you working at the PTO?  What art-unit were you in?

[blakesq]

Funch,

What reason(s) would your supervisor give for requesting your termination/resignation? The more honest you are, the better we may be able to advise.

[funch]

Blakesq,
I don't think my SPE would say anything other than confirm I worked at the USPTO and wasn't terminated for misconduct.  The SPE told me that I was terminated because my production was inconsistent and because it was not high enough to earn a promotion.

Within the USPTO, this SPE might describe me as someone who argued too much.  The arguments often were about whether I could apply KSR reasoning (when I didn't have a good art rejection) and whether I could indicate allowable subject matter.  The answer was always NO!!!!!  It was frustrating because many of my peers allowed cases left and right, but I couldn't.  Also, I always consulted primaries on allowability decisions beforehand, so I don't think my positions were without merit.

Looking back, I understand my SPE's position better now: SPE's don't have time to argue with examiners. 

Thanks   

[blakesq]

You have to learn that the boss is the boss.  You don't argue with him, you do as he wants.  If you think he is wrong, you make your point, and if he still wants to do it his way, you do it his way.  Thats called "working for the man".  If you don't like it, work for someone else or yourself.  Start sending out your resumes to law firms, there are ads in IP Today, and indeed.com.  Be willing to move.  What is your technical background.  What art area did you work in at the PTO?  Leverage that for your new job.  Good luck. 

Blakesq,
I don't think my SPE would say anything other than confirm I worked at the USPTO and wasn't terminated for misconduct.  The SPE told me that I was terminated because my production was inconsistent and because it was not high enough to earn a promotion.

Within the USPTO, this SPE might describe me as someone who argued too much.  The arguments often were about whether I could apply KSR reasoning (when I didn't have a good art rejection) and whether I could indicate allowable subject matter.  The answer was always NO!!!!!  It was frustrating because many of my peers allowed cases left and right, but I couldn't.  Also, I always consulted primaries on allowability decisions beforehand, so I don't think my positions were without merit.

Looking back, I understand my SPE's position better now: SPE's don't have time to argue with examiners. 

Thanks   

[stuffball]

That's good advice.

At a law firm, you are somebody's bitch until you make partner.  Probably even more so than at the USPTO.  You don't make the ultimate decisions at all.

You'll need to get used to that to survive in the private sector.

You'll also have to worry a lot about "production."  If you don't make it, you're gone.  It's like the PTO, but way way worse.

If I were you, I'd get any kind of law job I could.  Become a contract attorney or work for a really small firm.  I don't think you'll have a lot of luck in this job market, right now with big firms (at least not in DC).  Get some experience and prove yourself. 

[mk1023]

My ex-officemate was in your situation. He was hired at a public search firm a few weeks after he resigned.

[vman11]

Not to be cruel, but, why not something way off beat.

Patent law isn't what it was and will not be that way for another few decades (my crystal ball reading) if ever.

Think up stuff very few people want to do, your own business perhaps.

I've been thinking about a small business on the side.

How about dairy production or something similar ... I'm not kidding. People (those who got in first) made millions off of the muffin craze.

[jyakulis]

Just out of curiosity. What percentage of your production were you at and after how long?