Deputy Commissioner for Patents - Legal

Department of Commerce

The United States Patent and Trademark Office's (USPTO) mission is to promote innovation and competition by providing quality examination and issuance of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide. Through the issuance of patents, the USPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide.

• 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 calendar year. All applicants will be assessed for executive competency against the five mandatory Executive Core Qualifications (ECQs). If your two-page resume does not reflect demonstrated evidence of the ECQs and PTQs, you will not receive further consideration for the position. For more information regarding the SES and ECQs, please visit the Executive Core Qualifications page. This position is located in the United States Patent and Trademark Office (USPTO), Office of Commissioner for Patents. The Deputy Commissioner for Patents - Legal (DCPL) formulates policy for all offices under the Commissioner for Patents and manages matters relating to patent petitions, creation and implementation of patent laws, rules and procedures, patent examining quality assurance, and updating the Manual of Patent Examining Procedure (MPEP). The DCPL is responsible for providing legal and policy guidance to the Commissioner for Patents and the other Patents DCPs. The DCPL provides strategic vision, guidance, and direction to ensure that the necessary monitoring, assessment, and training required to instill confidence in the patent system are provided to internal and external stakeholders. The DCPL makes managerial and technical decisions required for successful program development, administration, and management. Major duties include, but are not limited to, the following: The DCPL ensures legal policies/guidance and administrative policies/procedures are communicated to Patent business unit employees. Where practices and procedures are not aligned with the overall goals of the USPTO, it is the DCPL's responsibility to create remedies and implement practices to ensure compliance. The DCPL provides leadership and representation, serving as principal policy and legal advisor to the Commissioner for Patents and as a member of executive committees and working groups, many of which may include representatives from top management levels in the Agency. The incumbent represents the Agency at various meetings with patent bar associations regarding patent laws and practice. The DCPL represents the Commissioner for Patents and has full authority in contacts with members of the public, officials of other Government agencies, Department of Commerce and Patent and Trademark Office employees, members of Congress, and foreign government officials. In the area of practice and procedure, the DCPL maintains up-to-date knowledge of existing practice and has responsibility for the recommendation, development and formation of new examining policies, practices, and procedures as well as revising existing policies, practices, and procedures. The incumbent is specifically responsible for ensuring that revised procedures are appropriately announced to USPTO stakeholders, including applicants, employees, and the public. The DCPL provides oversight of implementation of new rules and procedures in all patent examining areas. A primary responsibility of the DCPL is to resolve questions regarding the interpretation of the patent statutes, regulations, and case law. The DCPL oversees and directs the work of the Office of Patent Legal Administration (OPLA), MPEP, and the Office of Petitions, which are responsible for monitoring and reviewing various special programs and for the preparation of various rulemakings and decisions on petitions to the Under Secretary relating to patent applications and patents. The DCPL participates in matrix management with other DCPs in Patents. Hence, the duties and responsibilities described herein are carried out consistently with the principles set forth in matrix management and require coordination of responsibilities with other DCPs. Additionally, matrix management requires that the DCPL possesses the skills, knowledge and abilities necessary to work in a team environment yet be able to exhibit effective leadership in planning and organizing the assignments of a large number of executives, professionals and their supporting staff.

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