Patent and Trademark Public Advisory Committees, 22963-22964 [2018-10530]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22963-22964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10530]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2018-0038]


Patent and Trademark Public Advisory Committees

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice and request for nominations for the Patent and Trademark 
Public Advisory Committees.

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SUMMARY: On November 29, 1999, the President signed into law the Patent 
and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113, 
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 America 
Invents Act Technical Corrections Act made several amendments to the 
1999 Act, including the requirement that the terms of the USPTO Public 
Advisory Committee members be realigned by 2014, so that December 1 be 
used as the start and end date, with terms staggered so that each year 
three existing terms expire and three new terms begin on December 1. 
Through this Notice, the USPTO is requesting nominations for up to 
three (3) members of the Patent Public Advisory Committee, and for up 
to three (3) members of the Trademark Public Advisory Committee, for 
terms of three years that begin on December 1, 2018.

DATES: Nominations must be postmarked or electronically transmitted on 
or before July 6, 2018.

ADDRESSES: Persons wishing to submit nominations should send the 
nominee's resum[eacute] by postal mail to Brendan McCommas, 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 or by electronic mail to: 
[email protected] for the Patent Public Advisory Committee, or 
[email protected] for the Trademark Public Advisory Committee.

FOR FURTHER INFORMATION CONTACT: Brendan McCommas, Chief of Staff, 
Office of the Under Secretary of Commerce for Intellectual Property and 
Director of the USPTO, at (571) 272-8600.

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 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.

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 serve at the pleasure of the Secretary for three-
year terms. Members are eligible for reappointment for a second 
consecutive three-year term. The Public Advisory Committee members must 
be citizens of the United States

[[Page 22964]]

and are chosen to represent the interests of diverse users of the 
United States Patent and Trademark Office 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. 
Members must represent small and large entity applicants located in the 
United States in proportion to the number of applications filed by such 
applicants. The Committees must include individuals with ``substantial 
background and achievement in finance, management, labor relations, 
science, technology, and office automation.'' 35 U.S.C. 5(b)(3). Each 
of the Public Advisory Committees also includes three (3) non-voting 
members representing each labor organization recognized by the USPTO. 
Administration policy discourages the appointment of federally 
registered lobbyists to agency advisory boards and commissions 
(Lobbyists on Agency Boards and Commissions, https://www.whitehouse.gov/blog/2009/09/23/lobbyist-agency-boards-and-commissions (Sept. 23, 
2009)); cf. Exec. Order No. 13490, 74 FR 4673 (January 21, 2009) (While 
Executive Order 13490 does not specifically apply to federally 
registered lobbyists appointed by agency or department heads, it sets 
forth the Administration's general policy of decreasing the influence 
of special interests in the Federal Government).

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 three-year term that begins on 
December 1, 2018, and ends on December 1, 2021. As required by the 1999 
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 enabling statute states that members are to be 
compensated at 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. Committee members are compensated on an 
hourly basis, calculated at the daily rate. While away from home or 
regular place of business, each member shall be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
Section 5703 of Title 5, United States Code.

Applicability of Certain Ethics Laws

    Public Advisory Committee Members are 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 60 days during 
any period of 365 consecutive days.
     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 in 
a particular matter that came before the member's committee and that 
involved at least one specific party. 18 U.S.C. 205(c); 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 respective Committee Chair to consider an agenda set by that Chair. 
Meetings may be conducted in person, telephonically, on-line 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, privileged, or other confidential information. 
Nominees must have the ability to participate in Committee business 
through the internet.

    Dated: May 9, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2018-10530 Filed 5-16-18; 8:45 am]
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