[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28084-28085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11047]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-C-2021-0031]
Patent and Trademark Public Advisory Committees
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: 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 (1999 Act), 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 (PPAC), and
trademarks, in the case of the Trademark Public Advisory Committee
(TPAC), and to advise the Director of the USPTO on these matters (now
codified in the United States Code). 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 will 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. With
this current notice, the USPTO is requesting nominations for up to
three members of the PPAC and up to three members of the TPAC, for
terms of three years that will begin on December 1, 2021.
DATES: Nominations must be electronically transmitted on or before July
9, 2021.
ADDRESSES: Persons wishing to submit nominations will be required to
electronically complete the appropriate Public Advisory Committee
application
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form by entering detailed information and qualifications at: https://tinyurl.com/ynae4a67 for the Patent Public Advisory Committee, or
https://tinyurl.com/hcux6462 for the Trademark Public Advisory
Committee.
FOR FURTHER INFORMATION CONTACT: Cordelia Zecher, Acting 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 PPAC and TPAC members shall:
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 (35 U.S.C. 5); 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 (Secretary), 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. Id.
Public Advisory Committees
The Public Advisory Committees are each composed of nine voting
members who are appointed by 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 and
are chosen to represent the interests of diverse users of the USPTO
with respect to patents, in the case of the PPAC, and trademarks, in
the case of the TPAC. 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 a ``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 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://obamawhitehouse.archives.gov/blog/2009/09/23/lobbyists-agency-boards-and-commissions (Sept. 23, 2009); cf. E.O. 13490, 74 FR 4673
(Jan. 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 PPAC and TPAC
Each newly appointed member of the PPAC and TPAC will serve for a
three-year term that begins on December 1, 2021, and ends on December
1, 2024. As required by the 1999 Act, members of the PPAC and TPAC will
receive compensation for each day (including travel time) they attend
meetings or engage in the business of their 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 5 U.S.C. 5314. Committee members are
compensated on an hourly basis, calculated at the daily rate. While
away from home or their regular place of business, each member shall be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by 5 U.S.C. 5703.
Applicability of Certain Ethics Laws
Public Advisory Committee members are Special Government Employees
within the meaning of 18 U.S.C. 202. 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 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 comes before the member's committee and that
involves at least one specific party. 18 U.S.C. 205(c); see also 18
U.S.C. 207 for post-membership bars. Also, a member 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 PPAC and TPAC
Meetings of each Public 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,
online, or by other appropriate means. The meetings of each Public
Advisory Committee will be open to the public, except each Public
Advisory Committee may, by majority vote, meet in an executive session
when considering personnel, privileged, or other confidential
information. Nominees must have the ability to participate in Public
Advisory Committee business through the internet.
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-11047 Filed 5-24-21; 8:45 am]
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