[Federal Register: April 4, 2003 (Volume 68, Number 65)]
[Notices]
[Page 16480-16481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap03-46]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 2003-C-015]
Public Advisory Committees
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice and request for nominations.
-----------------------------------------------------------------------
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 July 13, 2003.
DATES: Nominations must be received or electronically transmitted on or
before May 12, 2003.
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,
Washington, DC 20231; 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 and Director of the USPTO,
Washington, DC 20231.
FOR FURTHER INFORMATION CONTACT: Chief of Staff by facsimile
transmission marked to his attention at (703) 305-8664, or by mail
marked to his attention and addressed to the Office of the Under
Secretary and Director of the USPTO, Washington, DC 20231.
SUPPLEMENTARY INFORMATION: Under the Act, the then-Acting Secretary of
Commerce appointed members to the Patent and Trademark Public Advisory
Committees on July 12, 2000. The Advisory Committees' duties include:
[sbull] Review and advise the Under Secretary 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
[sbull] 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. 35(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 July 13, 2003,
through July 12, 2006. 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 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
[[Page 16481]]
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 assumes that
members are not engaged in Public Advisory Committee business more than
sixty days during each calendar year:
[sbull] 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).
[sbull] 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.
[sbull] 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 resumes for nomination for the Patent Public Advisory
Committee and the Trademark Public Advisory Committee to: Chief of
Staff, United States Patent and Trademark Office, Washington, DC 20231.
Dated: March 31, 2003.
James E. Rogan,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 03-8216 Filed 4-3-03; 8:45 am]
BILLING CODE 3510-16-P