[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Notices]
[Pages 46136-46137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17512]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. 2004-C-042]


Public Advisory Committees

AGENCY: United States Patent and Trademark Office.

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 November 27, 2004.

DATES: Nominations must be postmarked or electronically transmitted on 
or before September 3, 2004.

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, Post 
Office Box 1450, Alexandria, Virginia, 22313-1450; 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 of 
Commerce for Intellectual Property and Director of the USPTO, Post 
Office Box 1450, Alexandria, Virginia, 22313-1450.

FOR FURTHER INFORMATION CONTACT: Chief of Staff by facsimile 
transmission marked to her attention at (703) 305-8664, or by mail 
marked to her attention and addressed to the Office of the Under 
Secretary of Commerce for Intellectual Property and Director of the 
USPTO, Post Office Box 1450, Alexandria, Virginia, 22313-1450.

SUPPLEMENTARY INFORMATION: The Advisory Committees' duties include:
     Review and advise the Under Secretary of Commerce for 
Intellectual Property 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
     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. 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 November 27, 
2004, to November 27, 2007. 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

[[Page 46137]]

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 includes 
several, but not all, of the ethics rules that apply to members, and 
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 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 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.

Procedures for Submitting Nominations

    Submit resum[eacute]s for nomination for the Patent Public Advisory 
Committee and the Trademark Public Advisory Committee to: Chief of 
Staff to the Acting Under Secretary of Commerce for Intellectual 
Property and Acting Director of the United States Patent and Trademark 
Office, utilizing the addresses provided above.

    Dated: July 27, 2004.
Jon W. Dudas,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. 04-17512 Filed 7-30-04; 8:45 am]
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