Duties

Summary

Come work for the USPTO, we have been ranked as one of the best places to work in the federal government! The U.S. Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. The USPTO is headquartered in Alexandria, Virginia, and has over 12,000 employees. For more information about the USPTO, please visit the USPTO Jobs Website .

Learn more about this agency

Responsibilities

This position is located in the Office of the General Counsel, Office of the Solicitor.

The duties and responsibilities of the position include:

• Serving as counsel to the Director of the Office of Enrollment and Discipline ("OED Director") in disciplinary cases before administrative law judges and in cases on appeal to the USPTO Director.
• Handling all aspects of disciplinary cases from inception through trial and appeals. Responsibilities include collaborating with the OED Director to complete investigations; developing litigation strategy; drafting complaints; drafting and responding to discovery motions, dispositive motions, and other pretrial motions; taking and defending depositions; conducting trials; and drafting and responding to post-trial briefs and appeals.
• Assisting in representing the USPTO in appeals of disciplinary cases, and potentially patent and trademark cases, filed in federal district and appellate courts.
• Providing legal advice on ethics and disciplinary matters to the OED Director, OED staff attorneys, and Agency officials.

Travel Required

Occasional travel - Occasional travel may be required - 15% or less

Supervisory status
No

Promotion Potential
15

Requirements

Conditions of Employment

• You must be a U.S. Citizen or National.
• You must meet the definition of professional and specialized experience.
• You must possess a Law Degree and an active bar membership of any state.
• You must pass a background investigation and fingerprint check.
• You must be registered for Selective Service, if applicable (www.sss.gov)
• You must file a Financial OF-450 Disclosure.

During the current period of maximum telework required by the Agency's COVID-19 response, full-time telework is available, including for the onboarding process. When it is determined the Agency will be moving to the reopening phase, this position will be physically stationed in Alexandria, VA, and will remain telework-eligible consistent with USPTO OGC policies. Those policies currently permit telework up to two days per week, but the office is reevaluating its existing policies and may further expand telework in the near future.

Qualifications

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

Professional Specialized Experience is post J.D. legal experience that demonstrates that the applicant possess the particular knowledge, skills, and abilities to perform successfully the duties of the position to be filled.

Applicants must have at least four (4) years of post J.D. professional specialized experience in litigation matters. Litigation experience in the area of attorney ethics and disciplinary enforcement is preferred but not required. The experience should include: (1) drafting complaints; (2) drafting and responding to pretrial motions; (3) taking and defending depositions; and/or (4) conducting trials before a judge or jury.

Demonstrated proficiency in applying the USPTO Rules of Professional Conduct and a working knowledge of the American Bar Association (ABA) Model Rules of Professional Conduct is preferred but not required.

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 Juris Doctor (J.D.) degree or Master of Laws (L.L.M.) degree from an ABA accredited law school.

In addition: You must be an active member of the Bar in Good Standing of any state, District of Columbia, Puerto Rico, or any U.S. territory.

Additional information

Applicants applying for this position must be a United States Citizen or National.

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".

This position requires a Financial OF-450 Disclosure. For more information on 450 filing, please visit: https://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 an initial two-year probationary 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.

Individuals who have special priority selection rights under the Agency Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) will be eligible if it is determined that they have exceeded the minimum qualifications for the position. Information about CTAP/ICTAP eligibility may be found here: OPM CTAP/ICTAP . CTAP/ICTAP documentation requirements are listed in the ‘Required Documents' section of this announcement.

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.

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).

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

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.

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 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).

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Position sensitivity and risk
High Risk (HR)

Trust determination process
Suitability/Fitness

Required Documents

A complete application consists of:

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; list your educational and work experience including job titles, salary, employment dates, duties and accomplishments, experience; and demonstrate how it relates to the specialized professional 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 acceptable, 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 requirements. 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, the 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.

Supporting documents

1. Writing Sample - You may submit a writing sample at the time of applying. PLEASE NOTE: You may choose and are encouraged to upload a writing sample as supporting documents during the online application process. Should you choose to do so, you will not be contacted after the close of this announcement for a writing sample.

2. Notification of Personnel Action (SF-50) - For current and/or former Federal employees, your status eligibility and highest permanent grade/step/salary held in the Federal service will be validated with a copy of your most recent SF-50, "Notification of Personnel Action".

3. Veterans' Preference Documentation: If you are a veteran with preference eligibility, you will be asked to submit a Member 4 copy of your DD-214. If you are a preference eligible claiming a service connected disability of 10 percent or more, you will be asked to submit documentation (i.e. a letter dated 1991 or later from the Department of Veterans Affairs or from a branch of the Armed Forces) certifying to the veteran's present receipt of compensation. Veterans must include dates of military service within the automated application process, and submit Member 4 copy of each Certificate of Release or Discharge from Active Duty, DD-214. For more information, please visit Special Appointing Authorities for Veterans . For excepted service positions, Veterans' Preference does not apply; however, Veteran's will receive positive consideration.

4. Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documentation: Applicants will be asked to submit: (1) A copy of your specific RIF notice, written notice of your expected separation or other documentation of priority consideration status; (2) A copy of your latest SF-50 noting current position, grade level, and duty location; (3) A copy of your last performance appraisal; and (4) Any documentation from your agency that shows your current promotion potential.

You can choose ONE of the following methods to submit Supporting Documents:

1) You can upload your documents when you register or update your information on the Department of Commerce application site which you access through the USAJobs site.

OR

2) You can fax your documents to 571-258-4254 using the system generated fax cover sheet.

Your application and all required documentation must be received by 11:59 p.m. Eastern Time on the closing date of this job 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.