DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 000317075-0075-01]
RIN 0651-XX22
Public Advisory Committees
AGENCY: 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, Public Law 106-113, Title VI,
Subtitle G, which, among other things, established 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. To implement these statutory changes, the USPTO is
requesting nominations for members to these Committees.
DATES: Nominations must be submitted on or before April 28, 2000.
ADDRESSES: Persons wishing to submit nominations should send the
nominee's resume to Nicholas Flagler by electronic mail to
nicholas.flagler@uspto.gov; 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 Commissioner, United States Patent and
Trademark Office, Washington, DC 20231.
FOR FURTHER INFORMATION CONTACT: Nicholas Flagler by telephone at (703)
305-8600, by electronic mail to nicholas.flagler@uspto.gov, 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 Commissioner,
U.S. Patent and Trademark Office; Washington, DC 20231.
SUPPLEMENTARY INFORMATION: Under the Patent and Trademark Office
Efficiency Act, the Secretary of Commerce must appoint members of the
Patent and Trademark Public Advisory Committees by June 29, 2000. The
Advisory Committees will:
Review and advise the Director of the United States Patent and
Trademark Office (USPTO) on matters relating to policies, goals,
performance, budget, and user fees of patents and trademarks,
respectively; and
Within 60 days after the end of each fiscal year, (1) prepare an
annual report of the matters listed above, (2) transmit the 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 Advisory Committees will be
appointed by and serve at the pleasure of the Secretary of Commerce. The
Secretary will designate a chair of each Advisory Committee, whose term
as chair will be for 3 years. In making appointments to each Committee,
the Secretary shall consider the risk of loss of competitive advantage
in international commerce or other harm to U.S. companies as a result of
such appointments.
Advisory Committees
The Patent Public Advisory Committee will be composed of nine voting
members who represent small and large entity applicants located in the
United States. The composition of the Advisory Committee will be
proportional to the number of applications filed by small and large
entity applicants. However, in no case will members who represent small
entity patent applicants (e.g., small businesses, independent inventors,
and non-profit organizations) constitute less than 25 percent of the
Patent Public Advisory Committee. The Advisory Committee will include at
least one independent inventor and will include individuals with
substantial experience and achievement in finance, management, labor
relations, science, technology, and office automation.
The Trademark Public Advisory Committee will be composed of nine
voting members and will include individuals with substantial experience
and achievement in finance, management, labor relations, science,
technology, and office automation.
In addition to the voting members, each Advisory Committee will
include a representative of each labor organization recognized by the
United States Patent and Trademark Office. Such representatives will be
non-voting members of the Advisory Committee.
Procedures and Guidelines of the Patent and Trademark Public Advisory
Committees
Each appointed member of the Patent and Trademark Advisory Committees
will serve for a term of 3 years, with one-third of the members rotating
out each year. Therefore, of the members first appointed, three will be
appointed to a term of 1 year, and three will be appointed for a term of
2 years.
As required by the Act, members of the Patent and Trademark Advisory
Committees will receive compensation for each day, including travel
time, 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 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 United States Patent and Trademark Office will provide the
necessary administrative support, including technical assistance, for
the Committees. Members of each Advisory Committee will be provided
access to records and information in the United States Patent and
Trademark Office, except for personnel or other privileged information,
and information concerning patent applications required to be kept in
confidence by section 122.
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 each
calendar year:
Each member will have to file a confidential financial disclosure
form upon 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 USC 203(c), or
acting where the United States has an interest, 18 USC 205(c), in a
particular matter that came before the member's committee and that
involved at least one specific party. See also 18 USC 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 USC 208.
Representation of foreign interests may also raise issues. 35 USC
5(a)(1) and 18 USC 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 be available and have the ability to
participate in Committee business through the Internet.
Procedure for Submitting Nominations
Submit resumes for nominations for the Patent Public Advisory Committee
and the Trademark Public Advisory Committee to Nicholas Flagler (see
ADDRESSES). Each nominee must (1) be a citizen of the United States, and
(2) represent the interests of at least some of the diverse USPTO users,
e.g., either a large or small entity located in the United States,
including--if the nominee represents small entity interests-- small
businesses, independent inventors, or nonprofit organizations.
Dated: March 23, 2000. Q. Todd Dickinson,
Assistant Secretary of Commerce
and Commissioner
atents and Trademarks.
[FR Doc. 00-7709 Filed 3-28-00; 8:45 am]
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