Deputy Commissioner for Patents - Legal

About the role

The United States Patent and Trademark Office's (USPTO) mission is to promote innovation and competition by providing quality examination and issuance of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide.

Through the issuance of patents, the USPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide.

What you will do

• The physical worksite for this position is located in Alexandria, Virginia.
• Presence at the Alexandria, VA campus is required for this role, as it includes on site functions that must be performed in person.
• Position may be eligible for situational telework in accordance with agency policy/business unit discretion.
• The agency currently allows for 52 hours of telework per calendar year.
• All applicants will be assessed for executive competency against the five mandatory Executive Core Qualifications (ECQs).
• If your two-page resume does not reflect demonstrated evidence of the ECQs and PTQs, you will not receive further consideration for the position.
• For more information regarding the SES and ECQs, please visit the Executive Core Qualifications page.
• This position is located in the United States Patent and Trademark Office (USPTO), Office of Commissioner for Patents.
• The Deputy Commissioner for Patents - Legal (DCPL) formulates policy for all offices under the Commissioner for Patents and manages matters relating to patent petitions, creation and implementation of patent laws, rules and procedures, patent examining quality assurance, and updating the Manual of Patent Examining Procedure (MPEP).
• The DCPL is responsible for providing legal and policy guidance to the Commissioner for Patents and the other Patents DCPs.
• The DCPL provides strategic vision, guidance, and direction to ensure that the necessary monitoring, assessment, and training required to instill confidence in the patent system are provided to internal and external stakeholders.
• The DCPL makes managerial and technical decisions required for successful program development, administration, and management.
• Major duties include, but are not limited to, the following: The DCPL ensures legal policies/guidance and administrative policies/procedures are communicated to Patent business unit employees.
• Where practices and procedures are not aligned with the overall goals of the USPTO, it is the DCPL's responsibility to create remedies and implement practices to ensure compliance.
• The DCPL provides leadership and representation, serving as principal policy and legal advisor to the Commissioner for Patents and as a member of executive committees and working groups, many of which may include representatives from top management levels in the Agency.
• The incumbent represents the Agency at various meetings with patent bar associations regarding patent laws and practice.
• The DCPL represents the Commissioner for Patents and has full authority in contacts with members of the public, officials of other Government agencies, Department of Commerce and Patent and Trademark Office employees, members of Congress, and foreign government officials.
• In the area of practice and procedure, the DCPL maintains up-to-date knowledge of existing practice and has responsibility for the recommendation, development and formation of new examining policies, practices, and procedures as well as revising existing policies, practices, and procedures.
• The incumbent is specifically responsible for ensuring that revised procedures are appropriately announced to USPTO stakeholders, including applicants, employees, and the public.
• The DCPL provides oversight of implementation of new rules and procedures in all patent examining areas.
• A primary responsibility of the DCPL is to resolve questions regarding the interpretation of the patent statutes, regulations, and case law.
• The DCPL oversees and directs the work of the Office of Patent Legal Administration (OPLA), MPEP, and the Office of Petitions, which are responsible for monitoring and reviewing various special programs and for the preparation of various rulemakings and decisions on petitions to the Under Secretary relating to patent applications and patents.
• The DCPL participates in matrix management with other DCPs in Patents.
• Hence, the duties and responsibilities described herein are carried out consistently with the principles set forth in matrix management and require coordination of responsibilities with other DCPs.
• Additionally, matrix management requires that the DCPL possesses the skills, knowledge and abilities necessary to work in a team environment yet be able to exhibit effective leadership in planning and organizing the assignments of a large number of executives, professionals and their supporting staff.

Education

The incumbent must have at least a bachelor's degree in an engineering, scientific or technical field. The incumbent 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.

A college or university degree generally must be from an accredited (or pre-accredited) college or university recognized by the U.S. Department of Education. For a list of schools which meet these criteria, please refer to Department of Education Accreditation page.

Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show 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.

If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. For further information, visit: Recognition of Foreign Qualifications | International Affairs Office (ed.gov)

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above. ECQs and PTQs must be thoroughly addressed within your two (2) page resume, and the font size should not be smaller than 11 pts. You will not be considered for this vacancy if your resume is illegible/unreadable.

Additional information on resume requirements can be located under "Required Documents. Once the application process is complete, a review of your resume and required documentation will be conducted. If applicants are found minimally qualified, a rating panel will review the resume and Accomplishment Record.

Candidates must address all five competencies within a two-page limit using brief written narratives that describes one example of competency-related experience and demonstrates the candidate's proficiency in the following competencies: Rule of Law: Upholds the principles of the American Founding, including equality under the law and democratic self-government.

Ensures the law is applied fairly and consistently. Managing Resources: Manages resources efficiently and effectively based on current and projected organizational goals, skills, budget considerations, and staffing needs. Technical Skill: Possesses the requisite technical knowledge and subject matter expertise to consistently produce timely, high-quality work.

Is considered a strong contributor in his or her domain. Accountability: Ensures that employees are appropriately recruited, selected, appraised, trained, and retained. Takes swift action to address performance or conduct-based deficiencies in employees supervised.

Holds self and others accountable for measurable high-quality, timely, and cost-effective results. Innovation: Applies creativity to improving products and processes, challenges convention, takes measured risks, and considers ways to simplify and remove unnecessary requirements. Candidate resumes must provide evidence that supports the claims made in their Accomplishment Record.

This document must be uploaded to the application under Accomplishment Record. An accomplishment record submitted outside the USA Staffing system will not be accepted.

Narrative responses must be in the below format: Competency Title Position title and dates from your resume that this experience was obtained Describe the situation (i.e., the challenged faced, the problem solved) Describe the specific actions you took State the outcome, results, or long-term impact of your accomplishment Name and email address of someone who can verify this information Superior applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.

Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board (QRB) before appointment to this position.

The selected individual's application will be forwarded to the OPM for review and certification by the QRB, unless the selectee provides evidence of their noncompetitive status (i.e., a current SES, OPM QRB certified SESCDP graduate, or SES reinstatement eligible). Upon QRB certification, the selected individual will be required to serve a one-year probationary period.

For more information regarding the SES, go to ***

Documents you must provide

• A complete application consists of all items listed below.
• Required materials must be submitted by the conclusion of the staffing process.
• Applications that are incomplete at that time may not be considered.
• Please carefully review the following list to determine what documentation you need to submit.
• Some documents may not apply to all applicants.
• RESUME: All applicants are required to submit a resume limited to two (2) pages and the font size should not be smaller than 11 pts (i.e., 1 page that is double-sided or 2 pages that are one-sided each).
• You will not be considered for this vacancy if your resume is illegible/unreadable.
• Applicants seeking initial career appointment to the Senior Executive Service (SES) must include evidence of the ECQs and PTQs.
• PLEASE DO NOT USE USAJOBS RESUME BUILDER.
• ACCOMPLISHMENT RECORD: Candidates must address all five competencies within a two-page limit using brief written narratives that describes one example of competency-related experience.
• Each example should document the position title and dates when the experience was obtained, detailed information about the problem or situation, the specific actions taken by the applicant, and the results or outcomes achieved by those actions.
• The applicant will also provide the name and contact information of an individual who can verify the provided information.
• ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable: CURRENT OR FORMER SES MEBERS: Must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career SES status or career SES reinstatement eligibility.
• SES CANDIDATE DEVELOPMENT PROGRAM (SESCDP) GRADUATES: Verification of successful completion of an OPM-approved SESCDP and OPM SES QRB certification.
• EDUCATION DOCUMENTATION: For positions with an education requirement, submit a copy of your transcripts or equivalent.
• An official transcript will be required if you are selected and not already on file.
• See "Education" for more details.
• Proof of good standing and active membership, or the ability to become an active member prior to start date, of a bar of any state, the District of Columbia, Guam, Puerto Rico, or a U.S. territory.
• Documents submitted as part of the application package, to include supplemental documents, may be shared beyond the Human Resources Office.
• Some supplemental documents contain personal information such as SSN and DOB and some documents such as military orders and marriage certificates may contain personal information for someone other than you.
• You may sanitize these documents to remove said personal information before you submit your application.
• You must provide an un-sanitized version of the documents if you are selected.

What to expect next

To verify the status of your application, sign in to your USAJOBS account (***), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: ***

The USPTO will conduct a qualifications evaluation of applicants who submit the required material. Minimally Acceptable applicants will be rated and ranked by an executive-level rating panel. Superior candidates will be referred to the hiring official for further consideration and possible interview.

You will be notified of the outcome after the completion of the selection process.

Additional information

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.

Mobility: Organizational and geographical mobility is essential in developing and managing SES leaders. Individuals selected for SES positions members may be subject to reassignment across geographical, organizational, and functional lines, and may be required to sign a Reassignment Rights and Obligation Agreement.

Veterans Preference: Veterans' preference is not applicable to the SES. Tiering: The USPTO structures its SES positions into categories (i.e. tiers) to determine the pay range for each position. The categories are based on the position scope, breadth, functions, and placement within the structure of organizational levels across the Department/Agency.

This position falls within Tier II of USPTO's structure. Equal Employment Opportunity (EEO) Policy Statement: *** Employment Information Resources - Resource Center: *** The USPTO participates in E-Verify. For more information on E-Verify, please visit ***

USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at ***

The United States Patent and Trademark Office is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, 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 via email (***) or phone (***).