Clarification from the agency

Applications will be accepted from all U.S. Citizens or Nationals.

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.

Conditions of employment

• 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 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.
• This position requires the completion of OF-450 Financial 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. OPM Qualifications Standards are available at 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. 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.

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/12919128

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 complete application consists of:

• 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. Please note your resume must be limited to a maximum of two pages. Resumes exceeding this limit will not be considered eligible. Please submit only one resume. Only the document uploaded under the "Resume "section as the "Document Type" will be reviewed to assess your qualifications and for evaluation purposes.
• Professional or Academic References - Provide 2-3 professional/academic references (name, phone, email); one must be your current supervisor. We'll notify you before contacting them.
• 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.
• 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) Identify BAR membership number on the resume.
• 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 may also find more information on positive consideration for attorney hiring.

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