Attorney Adviser (GS-14)

Summary

Imagine your career working alongside leaders in patent policy and examination. The Office of Petitions supports the USPTO's Patents Business Unit by evaluating petitions, addressing matters arising from examiner actions, and preparing decisions involving the Director's statutory and supervisory authority. Join our collaborative and skilled team to help shape petitions practice, promote patent quality, and advance the USPTO's mission to protect and promote American innovation

Duties

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 leave year. The individual selected for this position will... Investigate suspected fraud, misrepresentation, false statements, unauthorized representation, and other misconduct involving patent applications and related matters. Review patent applications, filings, signatures, certifications, correspondence, and other evidence to identify improper or suspicious activity. Identify patterns, relationships, and emerging schemes involving applicants, practitioners, entities, or other participants in the patent process. Recommend sanctions, corrective actions, or other case outcomes based on the evidence, seriousness of the conduct, and applicable law. Prepare draft decisions by reviewing the record, resolving disputed facts and legal issues, and developing supported findings and conclusions.

Qualifications

The Office of Personnel Management (OPM) has not issued qualification standards for attorney positions. However, the USPTO sets minimum qualifications for attorney positions and sets forth these qualifications in each vacancy announcement. You must meet all eligibility and qualifications requirements by the closing date of the job announcement. OPM Qualifications Standards are available at General Attorney Series 0905. Specialized Experience is experience that has equipped applicants with the particular knowledge, skills and abilities to successfully perform the duties of the position, and that is typically in or related to the position to be filled. To be creditable, you must possess one full year (52 weeks) of specialized experience equivalent to GS-13 in the Federal service: For this position, the next lower grade level is a GS-13. Qualified applicants should possess both specialized experience and professional law/legal experience as listed below: Specialized experience for this position includes: Analyzing patent application files, legal matters, or case files to determine whether fraud, misrepresentation, or other potential misconduct occurred.; AND Investigating suspected fraud, misrepresentation, or other potential misconduct in the patent processes to identify patterns of suspicious activity; AND Applying regulations, legal decisions, and guidance to identify and recommend appropriate legal or administrative actions in response to attempts to circumvent patent process safeguards.; AND Drafting proposed final decisions for officials by reviewing the case file to recommend outcomes. In addition to the specialized experience listed above, you must have: Three (3) years post J.D. of the professional legal/law experience listed below. Professional legal/law experience, post J.D. is defined as: Having experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled in the area. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; conducting investigations to obtain facts; determines questions of law; studies, analyzes and evaluates legal precedents, to present findings. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing competing interests; and has broad or wide-scope impact on an economy, industry, private or public interests. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization. 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

You must possess a Juris Doctor (J.D.) degree or Master of Laws (L.L.M) degree from an American Bar Association accredited law school and 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. If this position requires proof of higher education, or you are substituting education for experience, you must submit an unofficial transcript or a list of courses that includes the following information: name of accredited institution, grades earned, completion dates, and quarter and semester hours earned. Education completed in foreign colleges or universities may be used to meet the requirements. Please refer to General Schedule Qualification Policies for more information. You are not required to submit official documents at this time; copies are sufficient. Special Instructions for Foreign Education: Qualifying education from colleges and universities in foreign countries must be evaluated in terms of equivalency to that acquired in U.S. colleges and universities. Applicants educated in whole or in part in foreign countries must submit sufficient evidence, including transcripts, to an accredited private organization for an equivalency evaluation of course work and degree. A listing of these accredited organizations can be found on the Department of Education's website - US Department of Education. Another listing of services that can perform this evaluation is available at the National Association of Credential Evaluation Services (NACES) website. You must provide a copy of the letter containing the results of the equivalency evaluation with a course by course listing along with your application. Failure to provide such documentation when requested will result in lost consideration. NOTE: Only education and experience acquired before the filing deadline will be considered. Report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

How you will be evaluated

Your qualifications will be evaluated based on your application materials (e.g., resume, supporting documents), your responses on the application questionnaire, and your responses to all assessments required for this position. You will be assessed on the following competencies (knowledge, skills, abilities, and other characteristics): Attention to Detail Customer Service Decision Making Flexibility Influencing/Negotiating Integrity/Honesty Interpersonal Skills Learning Reasoning Self-Management Stress Tolerance Teamwork Overstating your qualifications and/or experience in your application materials or application questionnaire may result in your removal from consideration. Cheating on an assessment may also result in your removal from consideration. The best qualified candidates will be identified for referral to the hiring manager and may be invited for an interview. If referred all relevant documents submitted with your application package will be forwarded to the selecting official, due weight shall be given to performance appraisals and awards in accordance with 5 CFR § 335.103(b)(3), during the interview/selection process conducted by the hiring manager. 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. To preview the application questionnaire, click the following link: https://apply.usastaffing.gov/ViewQuestionnaire/13083846 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 sexual orientation), national origin, political affiliation, marital status, disability, genetic information, age, pregnancy, childbirth, or related medical conditions, retaliation for engaging in protected activity, 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 (oeeo@uspto.gov) or phone (571-272-8292).

How to apply

Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows: Click the Apply Online button. Answer the questions presented in the application and attach all necessary supporting documentation. Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date. If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice. Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials. Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended. Set aside at least 2 hours to take the USA Hire Assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link. Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused. Visit the USA Hire Applicant Resource Center for practice assessments and assessment preparation resources at https://support-usahire.opm.gov/hc/en-us. To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed. To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.

Other information

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. If selected for this position, you may be required to complete the Fair Credit Act Memo, which gives consent so that one or more consumer credit reports may be obtained for employment purposes. This is a Public Trust position and has a risk level designation of "High Risk". Financial disclosure statement (OGE Form 450) is required for this position. For more information, please visit www.OGE.gov. The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website. Trial Period - If selected, you may be required to complete a two-year trial period. Background Investigation - 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. All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice. Relocation Expenses are not authorized and will not be paid. 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. All application materials become the property of the United States Patent and Trademark Office. Reasonable Accommodation (RA) Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire Competency Based Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments, based on your adjudication decision. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments if you received the link after the close of the announcement. To determine if you need a RA, please review the Procedures for Requesting a Reasonable Accommodation for Online Assessments.