Department of Commerce

Senior Counsel for Patent Law and Litigation

Alexandria, Virginia Full time

Senior Counsel for Patent Law and Litigation

Department: Department of Commerce

Location(s): Alexandria, Virginia

Salary Range: $150160 - $207500 Per Year

Job 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.

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.

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): 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.

How to Apply: To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the closing date of the announcement to receive consideration. To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application. Follow the prompts to select and upload your résumé and/or other required documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process. After acknowledging you have reviewed your application package, complete the "Include Personal Information" section as you deem appropriate and click to continue with the application process. You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application. It is the applicant's responsibility to verify that information entered and uploaded, (i.e., resume and other required documents) is complete, accurate, and submitted by the closing date. Human Resources will not modify or change any part of your application. Application packages will NOT be accepted via mail. Due to security processes, mail delivery takes approximately 2-3 weeks to process at which time the vacancy announcement will be closed, and no further consideration will be given to additional application packages.

Application Deadline: 2026-01-23