This position is located in the Office of Policy and International Affairs (OPIA) in the United States Patent and Trademark Office (USPTO). The incumbent serves as the recognized technical and legal expert on matters pertaining to China Intellectual Property (IP) issues. In this capacity, the incumbent assists the Under Secretary of Commerce and Director, Deputy Under Secretary and Deputy Director, Chief Policy Officer and Director for International Affairs of OPIA, the Deputy Chief Policy Officer of OPIA, and others by rendering advisory legal and technical opinions on a wide range of complex China IP issues and sensitive negotiations. The incumbent also serves as the China team leader.
The Senior Counsel for China Intellectual Property Policy is the most senior person at the USPTO specifically responsible for public policy matters related to intellectual property protection and enforcement and intellectual property-related trade issues for China.
The incumbent will be involved in formulating and analyzing policies, participating in negotiations, and attending high-level briefings and meetings with senior Administration officials in the Department of Commerce, and other government entities including representatives from various intelligence agencies.
The Senior Level Attorney for China IP Policy will be responsible for the following:
Advising USPTO executives on China IP issues, managing and overseeing the activities of the China Team, including the China Resource Center, and supporting USPTO’s overall engagement with China;
Developing and coordinating the USPTO’s input in the various IP-related dialogues, and the extensive USPTO-led technical assistance and public awareness projects focusing on China IP matters;
Promoting the USPTO’s role as technical level experts on IP matters and as a resource within the U.S. government;
Leading interactions with Chinese officials on behalf of USPTO on a technical and diplomatic level on patent, designs, trademark, copyright, plant variety protection, trade secret and data protection and enforcement matters;
Coordinating and/or respond to inquiries from companies, industry associations, members of Congress, the media and the courts, on China IP matters and developing appropriate programs to share views, educate and promote U.S. government positions;
Developing the extensive and important bilateral relationship that the USPTO has established with its counterparts in China, including existing Memoranda of Understanding (MOU’s) with the Chinese patent, trademark, copyright and plant variety protection offices, the Ministry of Commerce and Jiangsu; and
Participating in interagency groups and making presentations to and securing comments from the private-sector.
This position includes some supervisory and related managerial duties. These duties should occupy less than 25 percent of the incumbent’s time.
Occasional travel - 30 percent of travel may be required.
Who May Apply
This job is open to…
Applications will be accepted from all qualified individuals.
Questions? This job is open to 1 group.
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Conditions of Employment
You must be able to obtain and maintain a Top Secret clearance.
You must be a U.S. Citizen.
You must possess a law degree from an accredited law school.
Member in good standing of a state, U.S. territory, DC or Puerto Rico Bar.
Must be registered for Selective Service, if applicable (www.sss.gov).
Required to pass a background investigation and fingerprint check.
You must be a U.S. Citizen; you must be a member in good standing of the bar of a state or territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar; you must provide a copy of your law degree transcripts; your resume and responses must demonstrate the job related PTQ's; you must be able to obtain and maintain a Top Secret clearance
Experience must have been at a sufficiently high level of difficulty to clearly show that the candidate possesses the required professional/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.
Professional Technical Qualifications:
Applicants must clearly demonstrate in their application materials that they possess technical attributes in the Professional/Technical Qualifications (PTQs). The PTQs for this position are:
Knowledge of a wide variety of international matters, particularly issues related to China IP and civil law matters. Comprehensive knowledge of international intellectual property/trade organizations and procedures. Demonstrated ability to operate successfully in an international arena.
Competency in directing and evaluating the activities of a significant organizational unit. Demonstrated ability to establish and maintain positive working relationships; delegate assignments; direct work among subordinate groups and individuals; and resolve conflicts and attend to morale and organizational climate issues.
Demonstrated excellent legal analysis, writing and editing skills. Ability to express orally and in writing complex legal issues.
You must be a graduate from a law school (law degree) accredited by the American Bar Association.
Applicants applying for this position must be a United States Citizen.
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
You will be required to submit an OGE 278 Financial Disclosure Form upon appointment.
You must be able to obtain and maintain a Top Secret clearance.
There is a drug testing requirement for this position.
A recruitment and/or relocation incentive may not be authorized.
Background Investigation - If selected for this position, you will 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.
The USPTO participates in E-Verify. For more information on E-Verify, please visit ****Probationary Period- If selected, you may be required to complete an initial two-year probationary period.
All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.
Individuals who have special priority selection rights under the Agency Career Transaction Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) will be eligible if it is determined that they have exceeded the minimum qualifications for the position by attaining a minimum rating of 85 out of 100. Information about CTAP/ICTAP eligibility is on the Office of Personnel Management's Career Transition Resources website at: ****CTAP/ICTAP documentation requirements are listed in the 'Required Documents' section of this announcement.
All application materials become the property of the United States Patent and Trademark Office.
The Ethics in Government Act of 1978, as amended, requires senior officials in the executive, legislative and judicial branches to file public reports of their finances as well as other interests outside the Government. If selected for this position you will be required to file a Financial Disclosure Report (OGE Form 278). The OGE 278 is available to the public. The primary purpose of disclosure is to assist agencies in identifying potential conflicts of interest between a filer's official duties and the filer's private financial interests and affiliations
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 pregnancy and gender identity), 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 & Diversity via email ( **** ) or ****).
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
In order to be considered for this position you must demonstrate in your application materials that you possess the managerial attributes in the Professional/Technical Qualifications (PTQs).
Your responses to the PTQs and resume will be evaluated by a Human Resources Specialist and/or a subject matter expert. Falsifying your background, education, and/or experience is cause for not hiring you or for changing your scored responses to qualifications you've indicated, which may affect your overall final score. Please note that a complete application is required for consideration. (Please review the Required Documents section of this job announcement to see what must be included in a complete application).
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Background checks and security clearance
Drug test required
A complete application consists of:
1. A resume or any other written format you choose to describe your job-related qualifications; optional cover letter: Your resume should indicate your citizenship and should list your educational and work experience. Please Note: Responses to job qualifications that are not fully supported by the information in your resume may result in adjustments to your rating.
2. Your narrative responses to the Professional Technical Qualification (PTQ's). Do not write see resume. Input narrative responses when prompted.
3. Transcript(s) - Unofficial copies are acceptable, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirements. Inadequate or illegible information could result in non-qualification and loss of consideration.
4. Proof of active bar membership (In good standing)
Please submit a current SF-50 if you are a Federal Employee. NOTE: Submit only the documents requested. Additional documents will not be reviewed by the rating panel.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
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 .
Reasonable Accommodation Policy Statement
Federal agencies, including the United States Patent and Trademark Office (USPTO), must provide reasonable accommodation to applicants with disabilities where appropriate. USPTO job applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at ****. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
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Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.