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Senior Counsel for Patent Law and Litigation

Department of Commerce
Patent and Trademark Office
Office of the General Counsel

Summary

This position is located in the Office of the Solicitor, Office of General Counsel. The Senior Counsel for Patent Law and Litigation will serve as one of the recognized experts on patent policy and appellate litigation issues for the Solicitor's Office. The incumbent manages litigation against the United States Patent and Trademark Office (USPTO) involving the AIA, including the various challenges to Patent Trial and Appeal Board (PTAB) post-issuance proceedings.

Overview

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Accepting applications
Open & closing dates
01/09/2026 to 01/23/2026
Salary
$150,160 to - $207,500 per year
Pay scale & grade
SL 00
Location
1 vacancy in the following location:
Alexandria, VA
Remote job
No
Telework eligible
Yes—Situational Telework Program
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
00
Job family (Series)
Supervisory status
No
Security clearance
Not Required
Drug test
No
Position sensitivity and risk
High Risk (HR)
Trust determination process
Financial disclosure
Yes
Bargaining unit status
No
Announcement number
EXRD-OGCO-26-12859369
Control number
854088400

Duties

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The Senior Counsel for Patent Law and Litigation oversee the Solicitor's Office decisions on whether to intervene in appeals from PTAB decisions in AIA post-issuance proceedings and advises the USPTO regarding the rules governing post-issuance proceedings. The incumbent oversees inter partes appellate litigation caseload; handles Federal Circuit appeals in patent cases; renders legal and policy advice on patent matters through the General Counsel to the Under Secretary and Director of the USPTO, the Solicitor, Deputy Solicitor, and other members of the USPTO's senior staff.

The incumbent oversees the preparation of intervention and amicus memoranda in patent law cases, interfaces with the PTAB and the Patents organization on recurring issues in inter partes cases and helps supervise the preparation of briefs and arguments in inter partes cases.

Additional duties and responsibilities of the Senior Counsel for Patent Law and Litigation include, but are not limited to the following:

  • Coordinate the Solicitor's Office efforts in district court litigation involving patents;
  • Draft and review proposed revisions to the patent statutes, rules, and manuals of examining procedure;
  • Review briefs to be filed by the Solicitor's Office in patent cases;
  • Advise and conduct training for Associate Solicitors; and be responsible for special projects, including budgetary, IT, and training issues;
  • Represent the Solicitor or Deputy Solicitor at meetings; and serve in acting role in the Solicitor's and Deputy Solicitor's absence.

Requirements

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Conditions of employment

  • Refer to "Additional Information".
  • Click "Print View" to review the entire announcement before applying.
  • Must be a U.S. Citizen or National.
  • You are required to pass a background investigation and fingerprint check.
  • If this is your first federal appointment, you will be required to complete a one-year probationary period. Current federal service employees may be given a new appointment, and a new probationary period may be required.
  • You must meet all qualification requirements upon the closing date of this announcement.
  • You must be registered for Selective Service, if applicable (www.sss.gov).
  • This is a Non-Bargaining Unit position.
  • Financial Disclosure Report (OGE-278) will be required within the first 30 days of appointment.

Qualifications

To meet the minimum requirements for a Senior Level position, candidates must be a recognized subject matter expert with directly related experience. Typically, experience of this nature will have been gained at the GS-15 or equivalent level in the federal service or its equivalent in the private sector. Candidates must demonstrate their experience meets the Professional Technical Qualifications (PTQs) for this position in their two-page resume and this experience must have been at a sufficiently high level of difficulty to clearly show the candidate possesses the required subject matter expertise and technical 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.

To be considered, the resume must not exceed two pages. Written narratives for the Professional Technical Qualifications are not required. Candidates must demonstrate their experience meets the Professional Technical Qualifications for this position in their two-page resume.

PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQS):

  1. Demonstrated knowledge of patent law, reform, litigation, and preparation of briefs.
  2. Demonstated ability to oversee and litigate federal court cases that involve patent matters, including matters flowing from Patent Trial and Appeal Board post grant trials.
There is NO requirement to prepare a narrative statement specifically addressing the PTQs.

Education

A.) Education Requirement: Must have successfully completed a Juris Doctorate (J.D.) or Bachelor of Laws (LL.B.) from an accredited educational institution; B.) Bar Membership: Must have a current active bar membership from any State, territory, Commonwealth of Puerto Rico, District of Columbia, or Federal Court.

Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov.

Additional information

If you receive a conditional offer of employment for this position, you will be required to complete an Optional Form 306, Declaration of Federal Employment, and to sign and certify the accuracy of all information in your application, prior to entry on duty. False statements on any part of the application may result in withdrawal of offer of employment, dismissal after beginning work, fine, or imprisonment.

Equal Employment Opportunity (EEO) Policy Statement: http://www.eeoc.gov/federal/index.cfm

Employment Information Resources - Resource Center: https://help.usajobs.gov/how-to

Males born after 12-31-1959 must be registered or exempt from Selective Service (see https://www.sss.gov/RegVer/wfRegistration.aspx)

OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Human Resources Office.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

How you will be evaluated

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

Once the application process is complete, a review of your resume and supporting documentation will be conducted. If you meet minimum qualifications, your Application Package will be further reviewed to determine if you possess the Professional/Technical Qualifications (PTQs) listed above. PTQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed. Highly Qualified applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.

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