[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Notices]
[Page 46136-46137]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-33]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. 2004-C-042]
Public Advisory Committees
AGENCY: United States Patent and Trademark Office.
ACTION: Notice and request for nominations.
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SUMMARY: On November 29, 1999, the President signed into law the Patent
and Trademark Office Efficiency Act (the ``Act''), Pub. L. 106-113,
Appendix I, Title IV, Subtitle G, 113 Stat. 1501A-572, which, among
other things, established two Public Advisory Committees to review the
policies, goals, performance, budget and user fees of the United States
Patent and Trademark Office (USPTO) with respect to patents, in the
case of the Patent Public Advisory Committee, and with respect to
trademarks, in the case of the Trademark Public Advisory Committee, and
to advise the Director on these matters. The USPTO is requesting
nominations for three (3) members to each Public Advisory Committee for
terms that begin November 27, 2004.
DATES: Nominations must be postmarked or electronically transmitted on
or before September 3, 2004.
ADDRESSES: Persons wishing to submit nominations should send the
nominee's resume to Chief of Staff, Office of the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO, Post
Office Box 1450, Alexandria, Virginia, 22313-1450; by electronic mail
to: PPACnominations@uspto.gov for the Patent Public Advisory Committee
or TPACnominations@uspto.gov for the Trademark Patent Public Advisory
Committee; by facsimile transmission marked to the Chief of Staff's
attention at (703) 305-8664; or by mail marked to the Chief of Staff's
attention and addressed to the Office of the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO, Post
Office Box 1450, Alexandria, Virginia, 22313-1450.
FOR FURTHER INFORMATION CONTACT: Chief of Staff by facsimile
transmission marked to her attention at (703) 305-8664, or by mail
marked to her attention and addressed to the Office of the Under
Secretary of Commerce for Intellectual Property and Director of the
USPTO, Post Office Box 1450, Alexandria, Virginia, 22313-1450.
SUPPLEMENTARY INFORMATION: The Advisory Committees' duties include:
Review and advise the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO on matters relating to
policies, goals, performance, budget, and user fees of the USPTO
relating to patents and trademarks, respectively; and
Within 60 days after the end of each fiscal year: (1)
Prepare an annual report on matters listed above; (2) transmit a report
to the Secretary of Commerce, the President, and the Committees on the
Judiciary of the Senate and the House of Representatives; and (3)
publish the report in the Official Gazette of the USPTO. Members of the
Patent and Trademark Public Advisory Committees are appointed by and
serve at the pleasure of the Secretary of Commerce for three (3)-year
terms.
Advisory Committees
The Public Advisory Committees are each composed of nine (9) voting
members who are appointed by the Secretary of Commerce (the
``Secretary'') and who have `substantial backgrounds and achievement in
finance, management, labor relations, science, technology, and office
automation.'' 35 U.S.C. 5(b)(3). The Public Advisory Committee members
must be United States citizens and represent the interests of diverse
users of the USPTO, both large and small entity applicants in
proportion to the number of such applications filed. In the case of the
Patent Public Advisory Committee, at least twenty-five (25) percent of
the members must represent ``small business concerns, independent
inventors, and nonprofit organizations,'' and at least one member must
represent the independent inventor community. 35 U.S.C. 5 (b)(2). Each
of the Public Advisory Committees also includes three (3) non-voting
members representing each labor organization recognized by the USPTO.
Procedures and Guidelines of the Patent and Trademark Public Advisory
Committees
Each newly appointed member of the Patent and Trademark Public
Advisory Committees will serve for a term of three years. Members
appointed in the current fiscal year shall serve from November 27,
2004, to November 27, 2007. As required by the Act, members of the
Patent and Trademark Public Advisory Committees will receive
compensation for each day while the member is attending meetings or
engaged in the business of that Advisory Committee. The rate of
compensation is the daily equivalent of the annual rate
[[Page 46137]]
of basic pay in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code. While away from home or
regular place of business, each member will be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by Section
5703 of Title 5, United States Code. The USPTO will provide the
necessary administrative support, including technical assistance for
the Committees.
Applicability of Certain Ethics Laws
Members of each Public Advisory Committee shall be special
Government employees within the meaning of Section 202 of Title 18,
United States Code. The following additional information includes
several, but not all, of the ethics rules that apply to members, and
assumes that members are not engaged in Public Advisory Committee
business more than sixty days during each calendar year:
Each member will be required to file a confidential
financial disclosure form within thirty (30) days of appointment. 5 CFR
2634.202(c), 2634.204, 2634.903, and 2634.904(b).
Each member will be subject to many of the public
integrity laws, including criminal bars against representing a party,
18 U.S.C. 205(c), in a particular matter that came before the member's
committee and that involved at least one specific party. See also 18
U.S.C. 207 for post-membership bars. A member also must not act on a
matter in which the member (or any of certain closely related entities)
has a financial interest. 18 U.S.C. 208.
Representation of foreign interests may also raise issues.
35 U.S.C. 5(a)(1) and 18 U.S.C. 219.
Meetings of the Patent and Trademark Public Advisory Committees
Meetings of each Advisory Committee will take place at the call of
the Chair to consider an agenda set by the Chair. Meetings may be
conducted in person, electronically through the Internet, or by other
appropriate means. The meetings of each Advisory Committee will be open
to the public except each Advisory Committee may, by majority vote,
meet in executive session when considering personnel or other
confidential matters. Nominees must also have the ability to
participate in Committee business through the Internet.
Procedures for Submitting Nominations
Submit resum[eacute]s for nomination for the Patent Public Advisory
Committee and the Trademark Public Advisory Committee to: Chief of
Staff to the Acting Under Secretary of Commerce for Intellectual
Property and Acting Director of the United States Patent and Trademark
Office, utilizing the addresses provided above.
Dated: July 27, 2004.
Jon W. Dudas,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 04-17512 Filed 7-30-04; 8:45 am]
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