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Patent Attorney

Duties

The physical worksite for this position is located in Alexandria,Virginia.

TELEWORK:

  • This position is eligible for Maximum Telework. You may be asked to report to USPTO's Alexandria, VA campus occasionally, and such travel expenses will not be paid.
  • If selected for an interview, applicants are encouraged to discuss telework options and eligibility specific to the position in which they applied with the hiring manager.
This position is located in the Office of General the Counsel, Office of the Solicitor.

As a lead attorney on a particular case or policy matter, you will be responsible for analyzing legal and factual issues, developing the strategy to deal with these issues, and producing a legal brief or memorandum on the matter. In this role, you frequently deal with senior management officials for the Agency and individuals and entities outside of the Agency.

As a lead attorney on a particular case or policy matter, the individual selected for this position must ENJOY:
  • Providing legal counsel to the USPTO Director on intellectual property matters.
  • Defending decisions of the Director, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board in federal district courts and appellate courts.
  • Preparing and filing amicus briefs on behalf of the Director on issues of importance to the development of patent or trademark law.
  • Coordinating with the Department of Commerce (DOC) and the Department of Justice (DOJ) to assist the Solicitor General in intellectual property cases before the United States Supreme Court..
  • Managing all aspects of cases, including case strategy, motions practice, oral arguments, written discovery, depositions, and trial if necessary.
  • Assisting the Deputy General Counsel and Director of the Office of Enrollment and Discipline, and prosecuting practitioners charged with misconduct before an Administrative Judge (and if necessary, defending those decisions in district court and before the Federal Circuit).

Requirements

Conditions of Employment

  • Applicants will only be accepted from United States Citizens and Nationals.
  • You must meet the definition of specialized/professional 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.

Qualifications

The Office of Personnel Management (OPM) has not issued qualification standards for patent attorney positions. However, the agency sets minimum qualifications for patent attorney positions and sets forth these qualifications in each vacancy announcement. You must meet all eligibility and qualifications requirements by the closing date of the job announcement.

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.

Specialized experience

You must possess one (1) year of specialized experience equivalent to the next lower (GS-14) grade level in the Federal service, which is defined as:
  • (i) having primary drafting responsibility for briefs, complaints, motions, memos, and/or legal opinions in the area of patent law; and
  • (ii) independently conducting legal research and preparing written analyses of complex and difficult legal, factual, or policy issues in the area of patent law.
AND

Professional Experience
Have at least four (4) years of post J.D. legal professional experience, including judicial clerkship(s), in the area of patent litigation. Patent litigation includes federal district court patent cases, patent appeals to the U.S. Court of Appeals for the Federal Circuit, and trial proceedings in patent cases before the International Trade Commission and the USPTO's Patent Trial and Appeal Board. The ideal candidate also has professional experience and substantive knowledge in the area of trademark and/or copyright law.

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

Applicants must possess a degree in one of the scientific/engineering disciplines.

AND

You must possess a Juris Doctor (J.D.) degree or Master of Laws (L.L.M) degree from an American Bar Association from an accredited law school and an active bar membership of any state.

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 Non Bargaining Unit position.

This is a Public Trust position and has a risk level designation of "High".

Financial disclosure statement (OGE Form 450) is required for this position. For more information please visit 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.

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 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).


  • 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/11977667

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).

  • 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.

  • Required Documents

    As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.

    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 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: Attorney 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 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:

    Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

    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.

  • 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.

    Agency contact information

    Regina Anderson

    Phone

    571-272-3572

    Email

    regina.anderson@uspto.gov

    Address

    TMCO-Office of the Deputy Counsel and Solicitor
    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.

  • Fair and Transparent

    The Federal hiring process is set up to be fair and transparent. Please read the following guidance.

    • Equal Employment Opportunity (EEO) Policy
    • Reasonable accommodation policy
    • Financial suitability
    • Selective Service
    • New employee probationary period
    • Signature and false statements
    • Privacy Act
    • Social security number request

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 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: Attorney 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 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:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

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.


Help

This job is open to

  • Career transition (CTAP, ICTAP, RPL)

    Federal employees who meet the definition of a "surplus" or "displaced" employee.

  • 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.

What's up, DOC? At the US Department of Commerce (DOC), the answer to that question could go on for a while. A Cabinet-level department, the DOC is responsible for a variety of key government functions, such as fostering domestic and international...

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DATE POSTED
July 25, 2023

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