[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14551-14552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6238]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. 000317075-1035-02]
RIN 0651-XX22


Public Advisory Committees

AGENCY: United States 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 (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 in these matters. The USPTO is requesting 
nominations for three (3) members to each Public Advisory Committee for 
terms beginning on July 13, 2001.

DATES: Nominations must be postmarked or electronically transmitted on 
or before April 12, 2001.

ADDRESSES: Persons wishing to submit nominations should send the 
nominee's resume to Chief of Staff, Office of the Director of the 
USPTO, Washington, DC 20231; by electronic mail to 
[email protected] for the Patent Public Advisory Committee or 
[email protected] for the Trademark 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 Director of the USPTO, Washington, DC 
20231.

FOR FURTHER INFORMATION CONTACT: Chief of Staff by facsimile 
transmission

[[Page 14552]]

marked to his attention at (703) 305-8664, or by mail marked to his 
attention and addressed to the Office of the Director of the USPTO, 
Washington, DC 20231.

SUPPLEMENTARY INFORMATION: Under the Act, the then-Acting Secretary of 
Commerce appointed members to the two Patent and Trademark Public 
Advisory Committees on July 13, 2000. The Advisory Committees' duties 
include:
     Review and advise the 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 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 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 inventors' 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 July 13, 2001, to 
July 12, 2004.
    As required by the Act, members of the Patent and Trademark Public 
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 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:
     Each member will be required to file a confidential 
financial disclosure form within thirty (30) days of appointment. 5 
C.F.R. 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. 203(c), or acting where the United States has an interest, 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.

Procedure for Submitting Nominations

    Submit resumes for nominations for the Patent Public Advisory 
Committee and the Trademark Public Advisory Committee to the USPTO's 
Chief of Staff as provided above.

    Dated: March 7, 2001.
Nicholas P. Godici,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. 01-6238 Filed 3-12-01; 8:45 am]
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