About the General Law Office

The Office of General Counsel (OGC) serves as the chief legal advisor to the Agency's senior management and program offices on Agency rules, permits, response actions, implementation actions, litigation and legislation. OGC lawyers also work with attorneys in the Department of Justice to represent the Agency in defensive litigation in the federal courts. OGC attorneys routinely engage in challenging issues, addressing complex, and often novel or cutting-edge legal issues. They also develop strong analytical, problem solving and communications skills while working closely with their program policy clients, other OGC colleagues, other agencies and outside stakeholder groups. OGC prides itself on its core values of excellence, community, work- life balance, integrity and respect.

The General Law Office is one of several law offices that comprise OGC and consists of four practice group areas- information management law, information access law, employment and labor law and information technology and intellectual property law (IPIT). Incumbent provides national legal advice on issues involving patents, copyrights, trademarks, data rights, and other forms of intellectual property to the EPA Office of Research and Development, the EPA laboratories, and other EPA program offices. The incumbent handles policy and regulatory issues presented under the Federal Technology Transfer Act and handles related administrative filings, judicial litigation, and Congressional initiatives, inquiries, and briefings.

As the Patent Attorney in this position, you will:

• Serve as the legal authority on EPA's patents and ensure that legal position/rights of the Agency, inventors, and contractors are clearly defined and protected; this includes working with the US Patent and Trademark Office to ensure patents are properly maintained and prosecuted and consulting with scientists, laboratory directors, and contractors regarding potential patent awards.
• Participate in preparation and presentation of cases before the Patent Trial Appeal Board (PTAB) and coordinate with and support the Department of Justice in litigation of patent claims brought in federal court; Counsel Agency clients on matters related to the Agency's Federal Technology Transfer Program and review technology transfer agreements such as Cooperative Research and Development Agreements (CRADAs) and license agreements.
• Advise on other intellectual property matters as and interpret intellectual property provisions in various Agency agreements.
• Work under the general supervision of the Associate General Counsel and Deputy Associate General Counsel, and as appropriate, under the guidance of one or more practice group managers.
• Work closely alongside others with different viewpoints and social identities from your own (including race, religion, national origin, age, sex, sexual orientation, gender identity, disability, and genetic information).
• If you are selected, you will be expected to report to work as soon as practical but no later than thirty (30) days from the date you receive a final job offer. Extension of this reporting requirement may be granted only under extraordinary circumstances.

Conditions of employment

• You must be a U.S. citizen.
• If you are selected, a pre-employment background check is required.
• Proof of registration to practice before the United States Patent and Trademark Office (USPTO).
• You must submit a statement of interest, resume and all other required documents (See How to Apply).
• You may be required to travel occasionally.

Qualifications

Applicant must have an LL.M., LLB., or J.D. degree from an accredited law school; must be admitted to practice before the highest court of a State, U.S. territory, the District of Columbia, or the Commonwealth of Puerto Rico; and must maintain active status as a member of the bar of one of these jurisdictions. Incumbent should have experience in providing legal advice and counsel at EPA, other federal, state or local agencies, or courts, non-governmental organizations, or in private practice demonstrating competencies relevant to the duties listed above.

Applicant must be registered to practice before the US Patent and Trademark Office.

If you are selected, you must complete a one-year trial period.

The ideal candidate will have a very strong academic and employment record, including evidence of nuanced legal analysis with respect to both statutory construction and applicable case law, excellent research and writing skills, superior oral and written communication, strong interpersonal skills, initiative and self-motivation, the ability to work effectively in a team and independently, a commitment to public service, and mature judgement and the ability to work with diverse persons and perspectives. Knowledge and relevant experience in administrative law, environmental law, information law, litigation or some combination thereof, preferred but not required.

To qualify at the GS-12 grade level, applicants must have one year of specialized experience at, or equivalent to, the GS-11 grade level: Performing legal analysis on complex and difficult legal issues; formulating recommendations to senior managers for review by supervisors; and preparing and assisting in filing, composing pleadings, briefs, and other court documents involving legal issues in counseling or litigation. Examples of specialized experience include:

1. Performing professional legal, scientific, and technical work concerning patents including rendering opinions on validity and infringement of patents, negotiation of patent licenses, and settlement of patent claims.
2. Providing professional legal advice on patent matters and the preparation and/or presentation of briefs and arguments before the USPTO or before the Federal Courts.
3. Researching laws, legal opinions, precedent cases, and relevant guidance to address complex and difficult legal issues.
4. Applying knowledge of technology by reviewing documents for completeness and evaluating the scientific significance of current and planned agency programs.
5. Providing oral and written advice and counseling support on a broad array of legal matters within the attorney's areas of legal matters within the attorney's areas of responsibility.

"Experience" refers to paid and unpaid experience. Examples of qualifying unpaid experience may include: volunteer work done through national service programs (such as Peace Corps and AmeriCorps); as well as work for other community-based philanthropic and social organizations. 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.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Environmental Protection Agency considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

More information on the 1222 Patent Attorney position is available below by selecting the link:

POSITION CLASSIFICATION STANDARD FOR PATENT ATTORNEY SERIES, GS-1222

If you are selected, you will be required to complete a Confidential Financial Disclosure Form prior to your first day of employment and annually thereafter.

This position is designated as a High Risk and requires a background investigation. Unless an appropriate background is already on record with the Office of Personnel Management, you must undergo a background investigation

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.

Initially, you will be evaluated based on the information contained in your resume packet. If an interview is granted, you will be evaluated based on the responses you provide during an interview. In responding to interview questions, you should be sure to cite specific examples of experience, explain exactly what you did and the outcome.
 
There is no numerical rating system for applying veteran’s preference to attorney appointments in the excepted service; however, the Office of General Counsel considers veteran’s preference eligibility as a positive factor in attorney hiring.