Senior Counsel for Patent Law and Litigation

Full Job Description

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.

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): Demonstrated knowledge of patent law, reform, litigation, and preparation of briefs.

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. Major Duties:

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.