The USPTO's Office of General Counsel plays a vital role in the execution of the USPTO mission to issue patents and trademarks. The General Counsel serves as the principal legal advisor to the Director of the USPTO. The General Counsel supervises the court and administrative tribunal representation on intellectual property (e.g., patent, trademark, copyright and trade secret matters) and administrative matters (e.g., labor, personnel, government contracts, and fiscal) for the agency.
Summary
The USPTO's Office of General Counsel plays a vital role in the execution of the USPTO mission to issue patents and trademarks. The General Counsel serves as the principal legal advisor to the Director of the USPTO. The General Counsel supervises the court and administrative tribunal representation on intellectual property (e.g., patent, trademark, copyright and trade secret matters) and administrative matters (e.g., labor, personnel, government contracts, and fiscal) for the agency.
The USPTO is seeking an accomplished legal professional to join its team as the next General Counsel. The General Counsel serves as the principal legal advisor to Office of Under Secretary for Commerce for Intellectual Property and Director of the USPTO. The General Counsel is responsible for providing legal advice on patent, trademark and copyright matters as well as administrative legal matters including government contracts, personnel, and fiscal matters.
Day-to-Day Responsibilities:
Direct all legal activities of a $3.5 billion organization with close to 13,000 employees.
Serve as chief legal advisor to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
Supervise approximately 130 employees in the Office of the Solicitor, Office of General Law and the Office of Enrollment and Discipline.
Render legal advice in all areas of general law, including procurement, labor, employment, investigations, fiscal, Freedom of Information Act, Privacy Act and regulatory matters.
Develop legal positions for patent, trademark, copyright and other intellectual property litigation before the Federal Courts, including the U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S district courts, and regional U.S. courts of appeals.
Participate in the development of legislative proposals for revisions to patent and trademark statutes and regulations.
Supervise all enrollment and discipline matters involving registered patent practitioners and attorneys handling trademark matters.
Manage the United States Patent and Trademark Office pro bono efforts, including the Patent Pro Bono Program and the Law School Certification Program.
Provide public outreach to and speaking engagements at various organizations involved in intellectual property law matters.
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) will be required upon appointment.
A one-year probationary period is required, if not previously completed.
Must maintain an active bar license of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.
Qualifications
A best qualified candidate would possess:
15 years of broad-based legal experience dealing with a variety of sophisticated legal issues in all areas of general law (e.g. procurement, labor, employment, investigations, fiscal matters, Freedom of Information Act, Privacy Act, regulatory matters, and intellectual property law) obtained within a corporate legal department or in a government role.
Demonstrated ability to advise senior executives on complex legal issues.
Experience in intellectual property matters, including applying knowledge of intellectual property law in cases involving complex legal and technological issues.
General knowledge of patent, trademark and copyright statutes, regulations and court decisions.
Ability to manage a law office and budget with approximately 130 staff members.
There is a strong preference for prior General Counsel or Deputy General Counsel experience obtained in the private sector or the government.
Commitment to the highest ethical and professional standards; personal and professional integrity beyond reproach; unquestioned discretion in maintaining confidentiality.
Excellent written and oral communications skills in public and private settings with diverse audiences; ability to translate complex legal issues for a lay audience.
Strong leadership and interpersonal skills, ability to collaborate with a diverse population, and ability to relate well with senior Administration, political staff, government officials, and external audiences.
Professional Technical Qualifications (PTQs):
All applicants must submit a written response to the follow PTQs. Each response should include a brief summary of the applicant's experience in relation to the specific PTQ, and provide specific examples of accomplishments. Please give examples and explain the complexity of the knowledge possessed and the sensitivity of the issues you handled.
The PTQs for this position are:
Demonstrated general knowledge and experience with patent, trademark and copyright statutes, regulations and court decisions.
Demonstrated ability to advise senior executives on complex legal issues.
Demonstrated experience managing a law office and budget with approximately 150 staff members.
Demonstrated ability to work closely with the USPTO user community, trade associations and bar associations.
Executive Core Qualifications (ECQs):
Once selected for the position you will need to address the five Executive Core Qualifications. Responses to the ECQs are not required at the time of application.
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. (Competencies: creativity and innovation, external awareness, flexibility, resilience, strategic thinking, vision)
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. (Competencies: conflict management, leveraging diversity, developing others, team building)
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. (Competencies: accountability, customer service, decisiveness, entrepreneurship, problem solving, technical credibility)
Business Acumen - This core qualification involves the ability to manage human, financial and information resources strategically. (Competencies: financial management, human capital management, technology management)
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. (Competencies: partnering, political savvy, influencing/negotiating)
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, will not need to submit their ECQ Package at a later date.
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
A graduate from a law school accredited by the American Bar Association and be an active member in good standing of the Bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.
Additional information
Conditions for Employment: You must be a U.S. Citizen or National.
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.
Non Bargaining Unit position: This is a Non Bargaining Unit position. This is a Public Trust position and has a risk level designation of "high".
Drug Testing: This position will require the selectee 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.
Suitability Check: 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.
Direct Deposit: All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.
Relocation and Recruitment Incentives: Relocation and Recruitment incentives may be authorized.
Financial Disclosure Report: 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.
Veterans Preference: Veterans preference is not applicable for the SES.
Selective Service Law: If selected, a male candidate born after December 31, 1959, must certify that he has registered with the Selective Service System or if exempt from registration under Selective Service Law, the candidate must provide appropriate proof of exemption. Please visit the Selective Service System website for more information. Certification forms are available at most Federal agency personnel offices or from the U.S. Office of Personnel Management.
Privacy Act: Privacy Act requirements (PL 93-579): the application forms prescribed are used to determine qualification for promotion, reassignment, or employment and are authorized under Title 5, USC sections 3302 and 3360.
Declaration for Federal Employment: Candidates outside of the USPTO who are referred for consideration will be required to complete the Declaration for Federal Employment, OF-306.
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.
Federal agencies, including the United States Patent and Trademark Office (USPTO), must provide reasonable accommodation to applicants with disabilities where appropriate. USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at https://uspto.entellitrak.com. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
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).
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 application. Applicants are encouraged to include in their resume, clear and concise examples of activities or tasks undertaken that shows the scope and quality of work experience, accomplishments, and executive potential. Your application will be evaluated by a rating and ranking panel, and highly qualified candidates will be submitted to the Selecting Official for further review and consideration.
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.
Federal agencies, including the United States Patent and Trademark Office (USPTO), must provide reasonable accommodation to applicants with disabilities where appropriate. USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at https://uspto.entellitrak.com. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
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).
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.
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). Do not write "see resume". Input narrative responses when prompted.
3) Documentation showing membership in good standing of the Bar. Please Note: This can be submitted after the closing date of the announcement.
4) 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. Please Note: This can be submitted after the closing date of the announcement.
Please submit the most current SF-50 if you are a current or former Federal Employee. IF you are a current or previous SES career member you must submit a copy of your Notification of Personnel Action (SF-50) to show proof.
If you are relying on your education to meet qualification requirements:
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.
The Office of Human Resources strongly encourages applicants applying for positions to read the vacancy announcement in its entirety before submitting application materials for this position.
You must submit your application, which demonstrates all eligibility requirements by 11:59pm Eastern time on the closing date of the vacancy announcement.
All applications must be submitted online. Please be sure to include the information in the "Required Documents" section.
Submit only the documents requested. Additional documents will not be reviewed by the rating panel. FOR SPECIFIC INFORMATION ABOUT THE ANNOUNCEMENT CALL: Carolyn Schad 571-272-7003 TTD#: (800) 828-1120.
United States Patent and Trademark Office programs are accessible to people with disabilities. This document will be converted to an appropriate alternative form for applicants with disabilities. Requests for this or other assistance and accommodation should be directed to the contact above. Vacancy announcement supplemental information; All qualified applicants will be considered regardless of age, race, color, sex, creed, national origin, lawful political affiliation, non-disqualifying handicap, marital status, sexual orientation, affiliation with an employee organization, or other non-merit factor.
PATENT AND TRADEMARK OFFICE
550 Elizabeth Lane
Alexandria, Virginia 22314
United States
Next steps
Candidates are evaluated by an executive rating panel based on the degree to which they meet the PTQs, the applicant's education, work-related experience, training, awards, and professional recognition.
You will receive notification through USAJOBS at each of the following points during the application process: (1) application received; (2) applicant assessed for qualifications; (3) applicant referred or not referred; and (4) selected or not selected.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
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). Do not write "see resume". Input narrative responses when prompted.
3) Documentation showing membership in good standing of the Bar. Please Note: This can be submitted after the closing date of the announcement.
4) 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. Please Note: This can be submitted after the closing date of the announcement.
Please submit the most current SF-50 if you are a current or former Federal Employee. IF you are a current or previous SES career member you must submit a copy of your Notification of Personnel Action (SF-50) to show proof.
If you are relying on your education to meet qualification requirements:
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.
The Office of Human Resources strongly encourages applicants applying for positions to read the vacancy announcement in its entirety before submitting application materials for this position.
You must submit your application, which demonstrates all eligibility requirements by 11:59pm Eastern time on the closing date of the vacancy announcement.
All applications must be submitted online. Please be sure to include the information in the "Required Documents" section.
Submit only the documents requested. Additional documents will not be reviewed by the rating panel. FOR SPECIFIC INFORMATION ABOUT THE ANNOUNCEMENT CALL: Carolyn Schad 571-272-7003 TTD#: (800) 828-1120.
United States Patent and Trademark Office programs are accessible to people with disabilities. This document will be converted to an appropriate alternative form for applicants with disabilities. Requests for this or other assistance and accommodation should be directed to the contact above. Vacancy announcement supplemental information; All qualified applicants will be considered regardless of age, race, color, sex, creed, national origin, lawful political affiliation, non-disqualifying handicap, marital status, sexual orientation, affiliation with an employee organization, or other non-merit factor.
PATENT AND TRADEMARK OFFICE
550 Elizabeth Lane
Alexandria, Virginia 22314
United States
Next steps
Candidates are evaluated by an executive rating panel based on the degree to which they meet the PTQs, the applicant's education, work-related experience, training, awards, and professional recognition.
You will receive notification through USAJOBS at each of the following points during the application process: (1) application received; (2) applicant assessed for qualifications; (3) applicant referred or not referred; and (4) selected or not selected.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
