[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Notices]
[Pages 16564-16565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7709]


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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.

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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.

[[Page 16565]]


ADDRESSES: Persons wishing to submit nominations should send the 
nominee's resume to Nicholas Flagler by electronic mail to 
[email protected]; 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 [email protected], 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 of Patents and 
Trademarks.
[FR Doc. 00-7709 Filed 3-28-00; 8:45 am]
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