Monday, March 30, 2009

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office WWW.USPTO.GOV

[PTO-C-2009-0009]

Public Advisory Committees

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?), Pub. L.
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:
preparing an annual report on matters listed above;
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
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.

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 C.F.R.
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.

For more information go to WWW.GAPATENTS.COM or WWW.GOOGLE.COM.

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