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Director, Office of Patent Legal Administration

Employer
USAJobs
Location
Alexandria, Virginia
Closing date
Jul 31, 2021
Duties

Summary

The USPTO is a fully user fee-funded organization with an annual budget in excess of $3 billion and approximately 13,000 employees comprised largely of engineers, scientists, and attorneys. The USPTO operates as a performance-based organization; has received an unqualified audit opinion for thirteen consecutive years; formulates a performance-based budget; and is transitioning to electronic end-to-end processing of both patent and trademark applications.

Learn more about this agency

Responsibilities

This position is located in the Office of the Commissioner for Patents. The Director of the Office of Patent Legal Administration (OPLA) reports to the Assistant Commissioner for Patents - Legal (ACPL) in the Office of the Deputy Commissioner for Patents - Legal (DCPL).

The Director of OPLA provides strategic vision, guidance, and direction to ensure that OPLA provides the necessary legal and policy guidance to internal and external stakeholders. The Director makes legal, managerial and technical decisions required for successful program development, administration, and management.

The Director of OPLA performs the following duties:

• Provides legal and policy guidance to the Commissioner for Patents, the Deputy Commissioners for Patents, and the Assistant Commissioners for Patents.

• Assists in the development and implementation of patent law, provides means for its implementation, and formulates the accompanying regulations and practices.

• Monitors specialized programs such as reexamination, reissue, and patent term extension.

• Assists in efforts to negotiate the harmonization of patent laws and other international matters.

• Provides the Manual of Patent Examining (MPEP) staff with suggested changes to the MPEP as a result of changes to patent rules and legal developments.

• Updates forms used by the patent examining corps and USPTO customers to reflect changes made to patent rules, for changes due to policy initiatives, and to enhance processing.

• Supervises legal policy advisors who provide staff assistance on special projects or studies as may be assigned by the Director of OPLA, the Assistant Commissioner for Patents - Legal (ACPL), the Deputy Commissioner for Patents -Legal (DCPL), and the Commissioner for Patents, and other business units.

-Advisory duties include preparing notices, reports and other documents, as appropriate, with legal analysis, policy recommendations, and rulemaking;

-Researches case law, appropriate rules, facts-in-evidence, and other pertinent information; and

-Assists the public with legal and policy questions;

• Advises on policy implications with top USPTO management officials.

• Prepares/approves USPTO petition decisions and final agency actions for signature by the Director, the DCPL, or other top USPTO management officials.

-Reviews staff petition decisions:

-Assists the Office of Petitions in deciding petitions, which have been delegated to that office for consideration; and

-Supports the Central Reexamination Unit in deciding petitions or advising on decisions relating to reexamination practice

• Represents the USPTO and explains US patent law and Office policies and procedures in letters, phone calls, lectures and other contacts with members of the public and the patent bar.

The physical worksite for this position is located in Alexandria, VA. However, the USPTO is currently under a mandatory telework posture due to the COVID-19 pandemic; therefore, this position is currently under a 100 percent telework schedule. The position's telework schedule will likely change in the future when USPTO moves away from its mandatory telework posture. At that time, the incumbent will be expected to report to the physical work site in accordance with the updated status requirements of their supervisor. The nature and scope of future telework opportunities will be subject to the unit's telework policy, any applicable bargaining unit agreements, and supervisory approval. Payment of relocation expenses, as applicable, will be paid in accordance with this Job Opportunity Announcement. Non-compliance with the supervisor's telework-schedule requirement could result in adverse action, including separation.

Travel Required

Occasional travel - Occasional Travel may be required.

Supervisory status
Yes

Promotion Potential
00

Requirements

Conditions of Employment

  • Required to pass a background investigation and fingerprint check
  • Must be registered for Selective Service, if applicable (www.sss.gov)
  • Financial Disclosure Report (OGE-278) required upon appointment.
  • Subject to a one-year probationary period.
  • Have comprehensive, recent experience in the duties described.
  • Responses to PTQs and ECQs (10,000 character limit each).
  • You must use the USA Jobs text boxes when submitting your PTQs & ECQs.
  • Resume requirements outlined in "Required Documents" Section.


You must be a U.S. citizen to qualify for this position.

Qualifications

Experience must have been at a sufficiently high level of difficulty to clearly show that the candidate possesses the required professional/technical qualifications and executive core qualifications set forth below.

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.

Please provide your narrative responses to the Professional Technical Qualification (PTQs) and Executive Core Qualifications (ECQs) questions - Do not write "see resume".

Applicants are required to input narrative responses to the Professional Technical Qualifications (PTQs) and Executive Core Qualifications (ECQs) in the text boxes as prompted by USAJobs. Each PTQ and each ECQ have a 10,000-character limit (to include spaces) and must be adhered to.

Applicants must use the USA Jobs text boxes for submitting their PTQs and ECQs.

Professional Technical Qualifications: Applicants must clearly demonstrate in their application materials that they possess technical attributes in the Professional/Technical Qualifications (PTQs). The PTQs for this position are:
  • Demonstrate your experience in directing, supervising, and evaluating the activities of a professional, technical, and legal organization unit. This includes the ability to: develop and achieve organizational goals, prepare and execute organizational budgets, delegate assignments, motivate subordinate groups and individuals, and establish and maintain a positive working environment.
  • Demonstrate your knowledge of management principles, theories, and practices as applied to a professional organization. This includes knowledge of effective resource acquisition and utilization principles, production measurements concepts, and motivational techniques.
  • Demonstrate your knowledge or public administration principles and their relationship to the development and implementation of agency programs and national policies. This includes the ability to: achieve policy goals; establish and execute programs to implement policies; effectively interact with the legal community; and make informative presentations to the public, including foreign dignitaries.
  • Demonstrate your knowledge of the legal principles and technical subject matter associated with both national and international patent prosecution processes and reexamination proceedings. This includes the ability to: understand technical subject matter, apply relevant patent law legal principles involved in patent prosecution proceedings, and effectively work with other areas of the Office to resolve complex technical and legal issues.

  • Please Note: Current career SES members, former career SES members with reinstatement eligibility, and SES Candidate Development Program graduates who have been certified by OPM, only need to submit a resume and narrative statement covering each of the Professional Technical Qualification (PTQs) requirements and do NOT need to address the Executive Core Qualifications (ECQs).

    For the following five Executive Core Qualifications (ECQs), you are required to submit a narrative response addressing your specific knowledge, skills, and abilities that demonstrate your possession of these qualifications. Be sure to provide specific examples of what you've done that demonstrates your possession of each ECQ. For more information about the Executive Core Qualifications please visit this site: : https://www.opm.gov/policy-data-oversight/senior-executive-service/reference-materials/guidetosesquals_2012.pdf

    Leading Change - This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.

    Leading People - This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.

    Results Driven - This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high quality results by applying technical knowledge, analyzing problems and calculating risks.

    Business Acumen - This core qualification involves the ability to manage human, financial and information resources strategically.

    Building Coalitions- This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.

    Applicants are encouraged to follow the Challenge, Context, Action and Result (C-C-A-R) model outlined in the Guide To SES Qualifications.

    Challenge - Describe a specific problem or goal.

    Context - Describe the individuals and groups you worked with, and/or the environment in which you worked, to address a particular challenge (e.g., clients, co-workers, members of Congress, shrinking budget, low morale).

    Action - Discuss the specific actions you took to address a challenge.

    Result - Give specific examples of measures/outcomes that had some impact on the organization. These accomplishments demonstrate the quality and effectiveness of your leadership skills.

    Note: Submit only the documents requested. Additional documents will not be reviewed by the rating panel. Uploaded documents addressing the PTQ's and ECQs will not be accepted.

    Education

    You must have a scientific or technical degree, and a professional legal degree from an accredited law school program, and be an active member of good standing in the bar of a state or the District of Columbia.

    Additional information

    Probationary Period: You will be required to serve a one-year probationary period unless you previously completed the probationary period in the SES.

    Mobility: Organizational and geographical mobility is essential in developing and managing SES leaders and generally is a key to advancement. Therefore, applicants are expected to be mobile and once appointed SES members may be reassigned at the discretion of the appointing authority.

    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" risk.

    The incumbent may be required to submit to a drug test to screen for illegal drug use prior to appointment and, if appointed, the incumbent will be subjected to random drug testing procedures.

    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 http://www.dhs.gov/files/programs/gc_1185221678150.shtm

    All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

    Relocation expenses and recruitment incentives are not authorized and will not be paid.

    Veteran preference does not apply to the Senior Executive Service.

    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.

    The Ethics in Government Act of 1978, as amended, requires senior officials in the executive, legislative and judicial branches to file public reports of their finances as well as other interests outside the Government. If selected for this position you will be required to file a Financial Disclosure Report (OGE Form 278). The OGE 278 is available to the public. The primary purpose of disclosure is to assist agencies in identifying potential conflicts of interest between a filer's official duties and the filer's private financial interests and affiliations.

    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.

    Applicants must clearly demonstrate in their application materials that they possess managerial attributes in the four Professional/Technical Qualifications (PTQs). Each response should include a brief summary of the applicant's experience in relation to the specific PTQ and specific examples of accomplishments. Applicants must also clearly demonstrate in their application materials that they possess managerial attributes in the five Executive Core Qualifications (ECQs). Each response should include a brief summary of the applicant's experience in relation to the specific ECQ and specific examples of accomplishments.

    Narrative Responses - Please provide your narrative responses to the Professional Technical Qualification (PTQs) and Executive Core Qualifications (ECQs) questions - Do not write "see resume". Applicants are required to input narrative responses to the Professional Technical Qualifications (PTQs) and Executive Core Qualifications (ECQs) in the text boxes as prompted by USAJobs.

    *Each PTQ and each ECQ have a 10,000-character limit (to include spaces) and must be adhered to. Applicants must use the USA Jobs text boxes for submitting their PTQs and ECQs.

    Note: Submit only the documents requested. Additional documents will not be reviewed by the rating panel. Uploaded documents addressing the PTQ's and ECQs will not be accepted.

    To preview questions please click here .

    Background checks and security clearance

    Security clearance
    Not Required

    Drug test required
    No

    Position sensitivity and risk
    High Risk (HR)

    Trust determination process
    Credentialing , 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 and should list your educational and work experience. Please Note: Responses to job questions that are not fully supported by the information in your resume may result in adjustments to your rating.

    2) Your narrative responses to the Professional Technical Qualification (PTQs) and Executive Core Qualifications (ECQs). Do not write "see resume". Input narrative responses when prompted. - Applicants must use the USA Jobs text boxes for submitting their PTQs and ECQs.

    3) Technical and Law School Transcript(s) - 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.

    4) Proof of active bar membership.

    Please submit a current SF-50 if you are a Federal Employee. If you are a current or previous Senior Executive Service career member you must submit a copy of your Notification of Personnel Action (SF-50) to show proof.

    NOTE: Submit only the documents requested. Additional documents will not be reviewed by the rating panel.

    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.

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