[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Notices]
[Pages 16480-16481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8216]


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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.

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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 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: [email protected] 
for the Patent Public Advisory Committee or [email protected] 
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]
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