The Office of General Counsel (OGC) plays a vital role in the USPTO's mission. The Deputy Solicitor position is located in the OGC under the Deputy General Counsel for Intellectual Property Law and Solicitor ("Solicitor") and is responsible for developing, in coordination with the Solicitor, legal positions on patent, trademark and copyright litigation before the Federal Courts, including the U.S. Supreme Court, U.S. Court of Appeals, U.S district courts, and regional U.S. courts of appeals.
Summary
The Office of General Counsel (OGC) plays a vital role in the USPTO's mission. The Deputy Solicitor position is located in the OGC under the Deputy General Counsel for Intellectual Property Law and Solicitor ("Solicitor") and is responsible for developing, in coordination with the Solicitor, legal positions on patent, trademark and copyright litigation before the Federal Courts, including the U.S. Supreme Court, U.S. Court of Appeals, U.S district courts, and regional U.S. courts of appeals.
This job is open to Current Federal Employees in the Excepted Service, Competitive Service, current Senior Executive Service, SES Reinstatement Eligibles, and SES Candidate Development Program Graduates.
The Deputy Solicitor, in coordination with the Solicitor, provides legal advice and guidance to other USPTO officials (including the Director, the General Counsel and other Business Unit heads) in all areas of intellectual property law. In addition, the Deputy Solicitor manages the Senior Counsels, and Associate Solicitors on litigation matters; patent, trademark and other intellectual property matters that are relevant to the USPTO; and Office of Enrollment and Discipline matters (OED). For example, the Solicitor's office oversees Federal Circuit appeals in patent and trademark cases; reviews briefs to be filed by the Solicitor's office in patent and disciplinary cases to ensure that the agency's position is consistent, clear, and thoroughly researched; argues cases at the Federal Circuit and other courts; helps prepare attorneys for oral argument; and participates in discussions with Department of Justice, and Department of Commerce attorneys regarding intellectual property issues before the Supreme Court.
The Deputy Solicitor is also responsible for:
Supervising, in coordination with the Solicitor, all intellectual property litigation involving the USPTO as a party or amicus, for example litigation involving the USPTO Director in the U.S. Court of Appeals for the Federal Circuit and other federal district and appellate courts as consistent with delegations from the U.S. Department of Justice;
In coordination with the Solicitor, managing the Office of the Solicitor (including hiring employees, staffing cases, training employees and budget management), Senior Counsels and Associate Solicitors on all intellectual property related matters, including intellectual property litigation;
Supervising prosecution of disciplinary proceedings concerning alleged violations of rules governing practice before the USPTO;
Participating in the development of intellectual property policy;
Participating in the development of proposals for, and implementation of, revisions to Manual of Patent Examining Procedures, Trademark Manual of Examining Procedures, the Code of Federal Regulations involving patent and trademark law and other substantive policy guidance documents;
Providing administrative clearances on proposals to amend the Code of Federal Regulations or publish a notice in the Federal Register involving patent and trademark law;
Providing accurate and reliable legal advice in all areas on intellectual property law within the authority of the General Counsel of the USPTO;
As requested, representing the Director or General Counsel in meetings, on committees, and in connection with a wide variety of legal and other issues and performing other duties of a legal nature as assigned or delegated by the General Counsel; and
Engaging in public outreach and speaking engagements with various organizations involved in intellectual property law matters.
Must be able to collaborate with diverse organizations and successfully negotiate and relate well with the Judiciary, government officials, and external audiences.
Applicants will only be accepted from United States Citizens and Nationals.
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.
Must possess a law degree from an accredited law school program and must be a member of a bar in good standing in the United States or a Territory of the United States.
Qualifications
Experience must have been at a sufficiently high level of difficulty to clearly show that the candidate possesses the required Professional/Technical Qualifications (PTQs) and Executive Core Qualifications (ECQs) 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.
Applicants are required to input narrative responses to the PTQs in the text boxes as prompted by USAJobs. Each PTQ has a 10,000-character limit (to include spaces) that must be adhered to. When responding, you must clearly show that you possess the experience and competencies to perform the duties of this position. Do not write "see resume." Uploaded documents addressing the PTQs will not be accepted.
Professional Technical Qualifications (PTQs):
Demonstrated experience in litigating intellectual property cases at both federal district and preferably appellate court levels and applying knowledge of intellectual property law in cases involving complex legal and technological issues.
Demonstrated ability to express complex legal issues, both orally and in writing, in clear and succinct language so that the concepts are understood by both lawyers and non-lawyers. This includes possession of effective presentation skills in business meetings and public forums.
Demonstrated administrative, managerial, and interpersonal skills and experience to effectively lead highly skilled teams of experienced attorneys, manage the Office's workload, and ensure appropriate training and staffing needs for all cases. This includes the capacity to manage multiple litigations and projects simultaneously, ensure timely completion and adherence to timelines, and maintain the highest standards of quality and thoroughness.
Responses to the ECQs are not required at this time. However, if selected for this position, you will be required to provide narrative responses to the five ECQs. Once selected for the position, you'll provide specific examples of what you've done that demonstrate 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
ECQ 1: 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, and Vision.
ECQ 2: 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: Conflicting Management, Leveraging Diversity, Developing Others and Team Building.
ECQ 3: 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 and Technical Credibility.
ECQ 4: Business Acumen - This core qualification involves the ability to manage human, financial and information resources strategically. Competencies: Financial Management, Human Capital Management and Technology Management.
ECQ 5: 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, and Influencing/Negotiation.
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.
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 PTQs and do NOT need to address the ECQs.
Education
The candidate must have a law degree from an accredited law school program and must be a member of a bar in good standing in the United States or a Territory of the United States.
Additional information
Probationary Period: You will be required to serve a one-year probationary period.
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 may be subjected to random drug testing procedures.
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.
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, 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).
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.
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.
To be considered for this position, you must demonstrate in your application package that you meet the experience and competencies as defined under the "Qualifications" section, answer the PTQs, and submit a detailed resume that supports your answers.
Your application package will be evaluated by a Human Resources Specialist and/or a subject matter expert. Falsifying your background, education, and/or experience is cause for not hiring you or for changing your scored responses to questions you've answered, which may affect your overall final score. 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).
Candidates who are evaluated by an executive rating panel based on the degree to which they meet the PTQs, and considering the applicant's education, work-related experience, training, awards, and professional recognition, as set forth in the materials submitted by the candidates are placed in one of the pre-defined quality categories. These categories are "Highly Qualified", "Well Qualified" and "Qualified." Candidates placed in the "highest quality category" will be identified for referral to the hiring manager and may be invited for an interview.
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.
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.
A resume or any other written format you choose to describe your job-related qualifications: Your resume should indicate your citizenship and should list your educational and work experience including job titles, salary, employment dates, duties and accomplishments, experience and how it relates to the PTQs in the job announcement. Please Note: Responses to PTQ job questions that are not fully supported by the information in your resume may result in adjustments to your rating.
Narrative responses to the PTQs.Do not write "see resume". Applicants are required to input narrative responses to the Professional Technical Qualifications (PTQs) in the text boxes as prompted by USAJobs. Each PTQ has a 10,000-character limit (to include spaces) and must be adhered to. Uploading documents addressing the PTQs will not be accepted.
Transcript (s): 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.
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.
Notification of Personnel Action (SF-50): Please submit a current SF-50 if you are a current or former Federal employee, that indicates federal status, grade, tenure, and type of service. Please redact your social security number and date of birth.
All current and former career SES members must provide an SF-50, Notification of Personnel Action documenting their status or reinstatement eligibility. Candidates who have successfully completed an Office of Personnel Management approved SES Candidate Development Program must submit a copy of their Qualification Review Board (QRB) certificate.
NOTE: Submit only the documents requested. Additional documents will not be reviewed by the rating panel.
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 571-258-4052 using the system generated fax cover sheet.
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.
******If you are currently, or have been within the last five years, a political Schedule A, Schedule C, or Non-career SES employee in the Executive Branch, you must disclose this information in your application.
You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement. If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.
To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application. "If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance. All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.
Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth. Please ensure that you have removed all PII from all documents prior to submitting or uploading your application material.
EXRD - Office of the General Counsel
Office of Human Resources
Mail Stop 171
P.O. Box 1450
Alexandria, VA 22313-1450
US
Next steps
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) applicant selected or not selected.
You can check the status of your application by accessing the USAJobs website at www.usajobs.gov/and clicking on "Track Your Online Application." You may also sign up to receive automatic emails anytime the status of your application has changed by logging in to your USAJobs account, editing your profile, and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within two weeks after the closing date of this job announcement.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
A resume or any other written format you choose to describe your job-related qualifications: Your resume should indicate your citizenship and should list your educational and work experience including job titles, salary, employment dates, duties and accomplishments, experience and how it relates to the PTQs in the job announcement. Please Note: Responses to PTQ job questions that are not fully supported by the information in your resume may result in adjustments to your rating.
Narrative responses to the PTQs.Do not write "see resume". Applicants are required to input narrative responses to the Professional Technical Qualifications (PTQs) in the text boxes as prompted by USAJobs. Each PTQ has a 10,000-character limit (to include spaces) and must be adhered to. Uploading documents addressing the PTQs will not be accepted.
Transcript (s): 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.
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.
Notification of Personnel Action (SF-50): Please submit a current SF-50 if you are a current or former Federal employee, that indicates federal status, grade, tenure, and type of service. Please redact your social security number and date of birth.
All current and former career SES members must provide an SF-50, Notification of Personnel Action documenting their status or reinstatement eligibility. Candidates who have successfully completed an Office of Personnel Management approved SES Candidate Development Program must submit a copy of their Qualification Review Board (QRB) certificate.
NOTE: Submit only the documents requested. Additional documents will not be reviewed by the rating panel.
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 571-258-4052 using the system generated fax cover sheet.
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.
******If you are currently, or have been within the last five years, a political Schedule A, Schedule C, or Non-career SES employee in the Executive Branch, you must disclose this information in your application.
You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement. If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.
To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application. "If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance. All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.
Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth. Please ensure that you have removed all PII from all documents prior to submitting or uploading your application material.
EXRD - Office of the General Counsel
Office of Human Resources
Mail Stop 171
P.O. Box 1450
Alexandria, VA 22313-1450
US
Next steps
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) applicant selected or not selected.
You can check the status of your application by accessing the USAJobs website at www.usajobs.gov/and clicking on "Track Your Online Application." You may also sign up to receive automatic emails anytime the status of your application has changed by logging in to your USAJobs account, editing your profile, and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within two weeks after the closing date of this job announcement.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
