Patent Attorney (General Law Office)

The EPA’s Office of General Counsel is seeking a Patent Attorney in the General Law Office (GLO). GLO invites talented attorneys to apply for the Patent Attorney position, located in Washington, DC. For more information on this office, visit our website: https://www.epa.gov/aboutepa/about-office-general-counsel-ogc#glo.

Duties

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.

Salary

• $99,200 - $128,956/year

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

Education To meet minimum eligibility requirements for this position, applicants must possess at least a Master of Laws (LL.M.) degree, a Bachelor of Laws (LL.B) degree or Juris Doctor (J.D.) degree from an ABA accredited law school. This position requires a completed full four-year course of study in an accredited college or university leading to a Bachelor's degree in a scientific, technological, or engineering field. Other Information

At EPA, diversity is a vital element in bringing a balance of perspectives to bear on every challenge we face. We are committed to creating a diverse workforce because we know that the individual strengths and abilities of our employees make us a stronger organization. The more inclusive our employee base is, the greater the variety of ideas that are generated, and the more representative we are of the nation we serve. To learn more about how EPA values and supports our diverse workforce, visit Equal Opportunity Employment at EPA. You can also hear a diverse group of attorneys talk about their careers at EPA on the Legal Careers at EPA Webinar.

It is the policy of the Government not to deny employment simply because an individual has been unemployed or has had financial difficulties that have arisen through no fault of the individual. Information about an individual’s employment experience will be used only to determine the person’s qualifications and to assess his or her relative level of knowledge, skills, and abilities. Although an individual’s personal conduct may be relevant in any employment decision, including conduct during periods of unemployment or evidence of dishonesty in handling financial matters, financial difficulty that has arisen through no fault of the individual will generally not itself be the basis of an unfavorable suitability or fitness determination. For more information, visit https://hru.gov/Studio_Recruitment/tools/Mythbuster_on_Federal_Hiring_Policies

These positions are in the bargaining unit.

EPA participates in e-Verify. E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that enables participating employers to electronically verify the employment eligibility of their newly hired employees. For additional information: http://www.epa.gov/careers/epa-job-vacancy-announcements-policies-and-procedures.

If you are selected, travel, transportation, and relocation expenses will not be paid by EPA. Any travel, transportation, and relocation expenses associated with reporting to work in this position will be your responsibility.

This position is in the excepted service. Selection under this appointment authority does not confer civil service competitive status; however, this position is covered for the purpose of federal retirement and benefits.

Except in special circumstances, those new to the federal government will be hired at the starting salary (step 1) of the applicable grade range listed above.

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.

Required Documents

Documents to be submitted online and should be provided as one, consolidated PDF document in the following order, uploaded under the Supporting Documentation Tab:

NOTE:  You should ensure your social security number, date of birth, and any other personal information are redacted.

• Written statement of interest (no more than two single-spaced pages), specifically addressing your qualifications for this position. Also indicate your preferences among the law offices, if you are interested in only certain positions, or want to be considered for all open positions, including positions that may become available in the future (before our next hiring cycle). 
• Resume (Please include a separate business-style resume with your application in lieu of the automated USAJobs resume).
• A legal writing sample not to exceed 10 pages (for which the applicant was the primary author – with only minor (if any) edits by others). The writing sample should include legal analysis.
• References (names and contact information of three professional references)
• Copy of law school and undergraduate degree transcript (unofficial or official). Photocopies are sufficient. Applicants must be graduates of a law school accredited by the American Bar Association
• Copy of bar certification
• Veterans' Preference Documents - DD-214 Member 4 copy (or other copy indicating character of service), VA letter stating overall/combined disability rating (percentage), and SF-15, if applicable; active duty service members: submit certification from the armed forces documenting active duty dates, expected discharge/release date, campaign medals/badges, and character of service (a certification is any written document from the armed forces that certifies you are expected to be discharged/released from active duty service in the armed forces under honorable conditions within 120 days after you submit the certification).

To learn more about submitting documentation, visit Uploading Documents to USAJOBS.

How to Apply

You are strongly encouraged to read the entire announcement before you submit your application for this position.

To begin the application process, click the Apply button to the top right on this screen, follow the prompts to log-in/register, submit all required documents, and complete the assessment questionnaire. To be considered, you must submit a complete application package by 11:59 PM Eastern Time on the day the announcement closes.

All required supporting documents will be collected electronically via the USAJOBS document portfolio feature.

If you cannot apply online, you must contact the Human Resources Office listed below for assistance no later than three business days prior to the closing date of this announcement. You must provide complete application materials by the day the announcement closes.

For detailed instructions to assist you in ensuring your application package is received, go to EPA Announcement Policies and Procedures.

REASONABLE ACCOMMODATION

EPA provides reasonable accommodation to applicants with disabilities.  Decisions for granting reasonable accommodation are made on a case-by-case basis.

• If you require reasonable accommodation for any part of the application process (submitting the application or completing the application process), contact the Human Resources Office listed below no later than three business days prior to the closing date of this announcement, and the Human Resources Office will work directly with you.

• If you are referred to the hiring official for consideration and need an accommodation during the selection process (e.g., writing sample or interview), you should notify the person who contacted you from the hiring official’s office.

• If you are selected and need an accommodation during the hiring process, notify the HR Specialist who made the job offer to you.

The National Reasonable Accommodation Coordinators will provide assistance to you, the Human Resources Office, and/or the hiring official as needed.  For more information, see Reasonable Accommodation.

Benefits

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.

Join EPA in protecting human health and the environment and enjoy many work life quality options!  Working for the EPA offers you a comprehensive benefits package that includes, in part, paid vacation, sick leave, holidays, life insurance, health benefits, and participation in the Federal Employees Retirement System.  To learn more about us, visit Life and Careers at EPA. 

This position has portable work.  If selected for this position, you may be authorized to telework after meeting eligibility requirements if approved by the supervisor/manager. 

Telework is available based on agency policy and/or applicable collective bargaining agreement which may not allow for full-time telework.  NOTE:  The agency is currently utilizing maximum telework flexibilities due to COVID.  Once normal operations resume, you will be required to report to the location stated in this announcement.

Review our benefits