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###### Department of Commerce

###### United States Patent and Trademark Office 

          - [PTO-C-2009-0009] 

# AGENCY:

United States Patent and Trademark Office. 

# ACTION:

Notice and request for nominations for Public Advisory Committees. 

# 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 (now codified at 35 U.S.C. 5). Due to the expiration of current members' terms, the USPTO is requesting nominations for three (3) members to the Patent Public Advisory Committee (PPAC) and two (2) members to the Trademark Public Advisory Committee (TPAC) for terms of three years that begin from date of appointment. 

# DATES:

Nominations must be postmarked or electronically transmitted on or before May 15, 2009. 

# ADDRESSES:

                        Persons wishing to submit nominations should send the nominee's resumé 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:                         *PPACnominations@uspto.gov*                         for the Patent Public Advisory Committee or                         *TPACnominations@uspto.gov*                         for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff's attention at (571) 273-0464, 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. Self-nominations are perfectly acceptable.                     

# FOR FURTHER INFORMATION CONTACT:

Eleanor K. Meltzer, Chief of Staff, by facsimile transmission marked to her attention at (571) 273-0464, 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, or by telephone at: (571) 272-7660. 

# SUPPLEMENTARY INFORMATION:

The Advisory Committees' duties include: 
    - Advising 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) Preparing an annual report on matters listed above; (2) transmitting 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) publishing 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”). 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. The Committees must include members who have “substantial backgrounds and achievement in finance, management, labor relations, science, technology, and office automation.” 35 U.S.C. 5(b)(3). 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 includes three (3) non-voting members representing each of the labor organizations 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 from date of appointment. As required by the Act, members of the Patent and Trademark Public Advisory Committees receive compensation for each day they attend meetings or are 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 their home or regular place of business, members are allowed travel expenses, including per diem in lieu of subsistence, as authorized by Section 5703 of title 5, United States Code. The USPTO provides the necessary administrative support, including technical assistance, for the Committees.                           ( print page 11719)    

## Applicability of Certain Ethics Laws 

Members of each Public Advisory Committee are considered 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 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 are open to the public except that each Advisory Committee may, by majority vote, meet in executive session when considering personnel, privileged, or other confidential matters. Nominees must have the ability to participate in Committee business via the Internet. 

## Procedures for Submitting Nominations 

Please submit resumés for nominations for the Patent Public Advisory Committee and the Trademark Public Advisory Committee to: Chief of Staff to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, using the addresses provided above. 

Dated: March 12, 2009. 

John J. Doll, 

Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office.

 [FR Doc. E9-5844 Filed 3-18-09; 8:45 am] 

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