Summary The Office of the Solicitor acts as legal counsel to the USPTO on intellectual property law matters and also works in collaboration with the Department of Commerce on interagency intellectual property law matters. The work is challenging, the atmosphere is professional, and the diverse attorneys enjoy a high quality of work life rarely found in the legal field. Responsibilities The physical worksite for this position is located in Alexandria, Virginia. Presence at the Alexandria, VA campus is required for this role, as it includes on site functions that must be performed in person. Position may be eligible for situational telework in accordance with agency policy/business unit discretion. The agency currently allows for 52 hours of telework per calendar year. This position is located in the Office of the General Counsel, Office of the Solicitor. As an 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 legal briefs, pleadings, or memoranda on such matters. In this role, you will typically deal with senior management officials for the Agency, other attorneys within the Office of the Solicitor, and individuals and entities outside of the Agency in representing the agency before federal district and appellate courts. This position will necessarily entail defending the agency in district court litigation. In particular, the applicant will work with the DOJ in district court patent litigation, including all aspects of discovery (e.g., propounding and responding to discovery requests, preparing experts and expert reports, filing and responding to discovery motions, preparing for and making court appearances, etc.) and filing and responding to other pretrial motions, preparing for and conducting trial, and handling any subsequent appeals. The applicant should be familiar with the USPTO's patent rules of practice and patent examination procedures. In addition to 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, you will potentially also be responsible for: Providing legal counsel to the USPTO Director on intellectual property matters. 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. Representing the Director at depositions and testimony of USPTO employees. Conferring with legislative representatives on proposed legislation. Providing legal and policy advice on patent-related matters to senior management and other offices within the Agency. Requirements Conditions of Employment 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. OPM Qualifications Standards are available at OPM Website. Specialized Experience is 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. For this position, the next lower grade level is a GS-14. Qualified applicants should possess both specialized experience and professional law/legal experience as listed below: Specialized experience for this position is defined as: Primary drafting responsibility for motions, briefs, and other litigation documents in the area of patent law or trademark law. Taking and defending depositions. Conducting hearings or trials before a judge or jury. AND Applicants must possess a minimum of four (4) years of professional law/legal experience, post J.D. as described below: Professional Legal/Law Experience is defined as: Experience in Intellectual Property (IP) litigation and/or judicial clerkship(s), in the area of Intellectual Property (IP). IP litigation includes patent or trademark litigation in federal district court, patent or trademark appeals to the U.S. Court of Appeals for the Federal Circuit, proceedings before the USPTO's Patent Trial and Appeal Board (PTAB) or Trademark Trial and Appeal Board (TTAB). 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 You must possess a Juris Doctor (J.D.) degree or Master of Laws (L.L.M) degree from an American Bar Association 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 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: 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". 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. Financial disclosure statement (OGE Form 450) is required for this position. For more information please visit www.OGE.gov. 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 USPTO Reason 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 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).
