82_FR_29972 82 FR 29847 - Patent and Trademark Public Advisory Committees

82 FR 29847 - Patent and Trademark Public Advisory Committees

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29847-29848
FR Document2017-13769

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, 2017.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29847-29848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13769]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTC-C-2017-0028]


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.

-----------------------------------------------------------------------

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, 2017.

DATES: Nominations must be postmarked or electronically transmitted on 
or before July 25, 2017.

ADDRESSES: Persons wishing to submit nominations should send the 
nominee's resum[eacute] by postal mail to Brendan McCommas, Acting 
Chief of Staff, Office of the Under Secretary of Commerce for 
Intellectual Property and Director of the

[[Page 29848]]

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, 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 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 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, http://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, 2017, and ends on December 1, 2020. 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: June 26, 2017.
Joseph Matal,
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. 2017-13769 Filed 6-29-17; 8:45 am]
 BILLING CODE 3510-16-P



                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                                  29847

                                                  the National Telecommunications and                     agenda permit, any member of the                       reports are available on NTIA’s Web site
                                                  Information Administration (NTIA) on                    public may speak to or otherwise                       at https://www.ntia.doc.gov/category/
                                                  spectrum management policy matters.                     address the Committee regarding the                    csmac.
                                                  DATES: The meeting will be held on                      agenda items. See Open Meeting and                       Dated: June 27, 2017.
                                                  August 15, 2017, from 8:00 a.m. to 11:00                Public Participation Policy, available at              Kathy D. Smith,
                                                  a.m., Mountain Daylight Time (MDT).                     https://www.ntia.doc.gov/category/
                                                                                                                                                                 Chief Counsel, National Telecommunications
                                                  ADDRESSES: The meeting will be held at                  csmac.
                                                                                                                                                                 and Information Administration.
                                                  the Renaissance Boulder Flatiron Hotel,                    Time and Date: The meeting will be
                                                                                                          held on August 15, 2017, from 8:00 a.m.                [FR Doc. 2017–13776 Filed 6–29–17; 8:45 am]
                                                  500 Flatiron Boulevard, Broomfield, CO
                                                  80021. Public comments may be mailed                    to 11:00 a.m. MDT. The meeting time                    BILLING CODE 3510–60–P

                                                  to Commerce Spectrum Management                         and the agenda topics are subject to
                                                  Advisory Committee, National                            change. The meeting will be available
                                                                                                          via two-way audio link and may be                      DEPARTMENT OF COMMERCE
                                                  Telecommunications and Information
                                                  Administration, 1401 Constitution                       webcast. Please refer to NTIA’s Web                    United States Patent and Trademark
                                                  Avenue NW., Room 4600, Washington,                      site, https://www.ntia.doc.gov/category/               Office
                                                  DC 20230 or emailed to dreed@                           csmac, for the most up-to-date meeting
                                                  ntia.doc.gov.                                           agenda and access information.                         [Docket No. PTC–C–2017–0028]
                                                                                                             Place: The meeting will be held at the
                                                  FOR FURTHER INFORMATION CONTACT:                        Renaissance Boulder Flatiron Hotel, 500                Patent and Trademark Public Advisory
                                                  David J. Reed, Designated Federal                       Flatiron Boulevard, Broomfield, CO                     Committees
                                                  Officer, at (202) 482–5955 or dreed@                    80021. The meeting will be open to the
                                                  ntia.doc.gov; and/or visit NTIA’s Web                                                                          AGENCY: United States Patent and
                                                                                                          public and members of the press on a                   Trademark Office, Commerce.
                                                  site at https://www.ntia.doc.gov/                       first-come, first-served basis as space is
                                                  category/csmac.                                                                                                ACTION: Notice and request for
                                                                                                          limited. The public meeting is
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 nominations for the Patent and
                                                                                                          physically accessible to people with
                                                     Background: The Committee provides                                                                          Trademark Public Advisory
                                                                                                          disabilities. Individuals requiring
                                                  advice to the Assistant Secretary of                                                                           Committees.
                                                                                                          accommodations, such as sign language
                                                  Commerce for Communications and                         interpretation or other ancillary aids, are            SUMMARY:    On November 29, 1999, the
                                                  Information on needed reforms to                        asked to notify Mr. Reed at (202) 482–                 President signed into law the Patent and
                                                  domestic spectrum policies and                          5955 or dreed@ntia.doc.gov at least ten                Trademark Office Efficiency Act (the
                                                  management in order to: License radio                   (10) business days before the meeting.                 ‘‘Act’’), Public Law 106–113, which,
                                                  frequencies in a way that maximizes                        Status: Interested parties and                      among other things, established two
                                                  public benefits; keep wireless networks                 members of the public are invited to                   Public Advisory Committees to review
                                                  as open to innovation as possible; and                  attend and to submit written comments                  the policies, goals, performance, budget
                                                  make wireless services available to all                 to the Committee at any time before or                 and user fees of the United States Patent
                                                  Americans. See Charter at https://                      after the meeting. Parties wishing to                  and Trademark Office (USPTO) with
                                                  www.ntia.doc.gov/files/ntia/                            submit written comments for                            respect to patents, in the case of the
                                                  publications/csmac_charter-2017.pdf.                    consideration by the Committee in                      Patent Public Advisory Committee, and
                                                  This Committee is subject to the Federal                advance of a meeting may send them via                 with respect to trademarks, in the case
                                                  Advisory Committee Act (FACA), 5                        postal mail to Commerce Spectrum                       of the Trademark Public Advisory
                                                  U.S.C. App. 2, and is consistent with the               Management Advisory Committee,                         Committee, and to advise the Director
                                                  National Telecommunications and                         National Telecommunications and                        on these matters. The America Invents
                                                  Information Administration Act, 47                      Information Administration, 1401                       Act Technical Corrections Act made
                                                  U.S.C. 904(b). The Committee functions                  Constitution Avenue NW., Room 4600,                    several amendments to the 1999 Act,
                                                  solely as an advisory body in                           Washington, DC 20230. It would be                      including the requirement that the terms
                                                  compliance with the FACA. For more                      helpful if paper submissions also                      of the USPTO Public Advisory
                                                  information about the Committee visit:                  include a compact disc (CD) that                       Committee members be realigned by
                                                  https://www.ntia.doc.gov/category/                      contains the comments in Microsoft                     2014, so that December 1 be used as the
                                                  csmac.                                                  Word and/or PDF file formats. CDs
                                                     Matters to Be Considered: The                                                                               start and end date, with terms staggered
                                                                                                          should be labeled with the name and
                                                  Committee provides advice to the                                                                               so that each year three existing terms
                                                                                                          organizational affiliation of the filer.
                                                  Assistant Secretary to assist in                                                                               expire and three new terms begin on
                                                                                                          Alternatively, comments may be
                                                  developing and maintaining spectrum                                                                            December 1. Through this Notice, the
                                                                                                          submitted via electronic mail to dreed@
                                                  management policies that enable the                                                                            USPTO is requesting nominations for up
                                                                                                          ntia.doc.gov and should also be in one
                                                  United States to maintain or strengthen                                                                        to three (3) members of the Patent
                                                                                                          or both of the file formats specified
                                                  its global leadership role in the                                                                              Public Advisory Committee, and for up
                                                                                                          above. Comments must be received five
                                                  introduction of communications                                                                                 to three (3) members of the Trademark
                                                                                                          (5) business days before the scheduled
                                                  technology, services, and innovation;                                                                          Public Advisory Committee, for terms of
                                                                                                          meeting date in order to provide
                                                  thus expanding the economy, adding                                                                             three years that begin on December 1,
                                                                                                          sufficient time for review. Comments
                                                  jobs, and increasing international trade,                                                                      2017.
                                                                                                          received after this date will be
                                                  while at the same time providing for the                distributed to the Committee, but may                  DATES: Nominations must be
                                                  expansion of existing technologies and                  not be reviewed prior to the meeting.                  postmarked or electronically
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                                                  supporting the country’s homeland                          Records: NTIA maintains records of                  transmitted on or before July 25, 2017.
                                                  security, national defense, and other                   all Committee proceedings. Committee                   ADDRESSES: Persons wishing to submit
                                                  critical needs of government missions.                  records are available for public                       nominations should send the nominee’s
                                                  NTIA will post a detailed agenda on its                 inspection at NTIA’s Washington, DC                    resumé by postal mail to Brendan
                                                  Web site, https://www.ntia.doc.gov/                     office at the address above. Documents                 McCommas, Acting Chief of Staff, Office
                                                  category/csmac, prior to the meeting. To                including the Committee’s charter,                     of the Under Secretary of Commerce for
                                                  the extent that time and the meeting                    member list, agendas, minutes, and                     Intellectual Property and Director of the


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                                                  29848                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                  USPTO, Post Office Box 1450,                            Boards and Commissions, http://                        in which the member (or any of certain
                                                  Alexandria, Virginia 22313–1450 or by                   www.whitehouse.gov/blog/2009/09/23/                    closely related entities) has a financial
                                                  electronic mail to: PPACnominations@                    lobbyist-agency-boards-and-                            interest. 18 U.S.C. 208.
                                                  uspto.gov for the Patent Public Advisory                commissions (Sept. 23, 2009)); cf. Exec.                 • Representation of foreign interests
                                                  Committee, or TPACnominations@                          Order No. 13490, 74 FR 4673 (January                   may also raise issues. 35 U.S.C. 5(a)(1)
                                                  uspto.gov for the Trademark Public                      21, 2009) (While Executive Order 13490                 and 18 U.S.C. 219.
                                                  Advisory Committee.                                     does not specifically apply to federally
                                                                                                          registered lobbyists appointed by agency               Meetings of the Patent and Trademark
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          or department heads, it sets forth the                 Public Advisory Committees
                                                  Brendan McCommas, Acting Chief of
                                                  Staff, Office of the Under Secretary of                 Administration’s general policy of                        Meetings of each Advisory Committee
                                                  Commerce for Intellectual Property and                  decreasing the influence of special                    will take place at the call of the
                                                  Director of the USPTO, at (571) 272–                    interests in the Federal Government).                  respective Committee Chair to consider
                                                  8600.                                                   Procedures and Guidelines of the                       an agenda set by that Chair. Meetings
                                                                                                          Patent and Trademark Public Advisory                   may be conducted in person,
                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                          Committees                                             telephonically, on-line through the
                                                  Advisory Committees’ duties include:
                                                     • Review and advise the Under                                                                               Internet, or by other appropriate means.
                                                                                                             Each newly appointed member of the                  The meetings of each Advisory
                                                  Secretary of Commerce for Intellectual                  Patent and Trademark Public Advisory
                                                  Property and Director of the USPTO on                                                                          Committee will be open to the public
                                                                                                          Committees will serve for a three-year                 except each Advisory Committee may,
                                                  matters relating to policies, goals,                    term that begins on December 1, 2017,
                                                  performance, budget, and user fees of                                                                          by majority vote, meet in executive
                                                                                                          and ends on December 1, 2020. As                       session when considering personnel,
                                                  the USPTO relating to patents and                       required by the 1999 Act, members of
                                                  trademarks, respectively; and                                                                                  privileged, or other confidential
                                                                                                          the Patent and Trademark Public                        information. Nominees must have the
                                                     • Within 60 days after the end of each               Advisory Committees will receive
                                                  fiscal year: (1) Prepare an annual report                                                                      ability to participate in Committee
                                                                                                          compensation for each day (including                   business through the Internet.
                                                  on matters listed above; (2) transmit the               travel time) while the member is
                                                  report to the Secretary of Commerce, the                attending meetings or engaged in the                     Dated: June 26, 2017.
                                                  President, and the Committees on the                    business of that Advisory Committee.                   Joseph Matal,
                                                  Judiciary of the Senate and the House of                The enabling statute states that members               Performing the Functions and Duties of the
                                                  Representatives; and (3) publish the                    are to be compensated at the daily                     Under Secretary of Commerce for Intellectual
                                                  report in the Official Gazette of the                   equivalent of the annual rate of basic                 Property and Director of the United States
                                                  USPTO.                                                  pay in effect for level III of the Executive           Patent and Trademark Office.
                                                                                                          Schedule under section 5314 of Title 5,                [FR Doc. 2017–13769 Filed 6–29–17; 8:45 am]
                                                  Advisory Committees
                                                                                                          United States Code. Committee                          BILLING CODE 3510–16–P
                                                    The Public Advisory Committees are                    members are compensated on an hourly
                                                  each composed of nine (9) voting                        basis, calculated at the daily rate. While
                                                  members who are appointed by the                        away from home or regular place of                     DEPARTMENT OF COMMERCE
                                                  Secretary of Commerce (the ‘‘Secretary’’)               business, each member shall be allowed
                                                  and serve at the pleasure of the                                                                               United States Patent and Trademark
                                                                                                          travel expenses, including per diem in
                                                  Secretary for three-year terms. Members                                                                        Office
                                                                                                          lieu of subsistence, as authorized by
                                                  are eligible for reappointment for a                    Section 5703 of Title 5, United States
                                                  second consecutive three-year term. The                                                                        International Design Applications
                                                                                                          Code.                                                  (Hague Agreement)
                                                  Public Advisory Committee members
                                                  must be citizens of the United States                   Applicability of Certain Ethics Laws
                                                                                                                                                                 ACTION:Proposed extension of a
                                                  and are chosen to represent the interests                  Public Advisory Committee Members                   continuing information collection;
                                                  of diverse users of the United States                   are Special Government Employees                       comment request.
                                                  Patent and Trademark Office with                        within the meaning of Section 202 of
                                                  respect to patents, in the case of the                  Title 18, United States Code. The                      SUMMARY:   The United States Patent and
                                                  Patent Public Advisory Committee, and                   following additional information                       Trademark Office (USPTO), as required
                                                  with respect to trademarks, in the case                 includes several, but not all, of the                  by the Paperwork Reduction Act of
                                                  of the Trademark Public Advisory                        ethics rules that apply to members, and                1995, invites comments on a proposed
                                                  Committee. Members must represent                       assumes that members are not engaged                   extension of an existing collection:
                                                  small and large entity applicants located               in Public Advisory Committee business                  0651–0075 (International Design
                                                  in the United States in proportion to the               more than 60 days during any period of                 Applications (Hague Agreement)).
                                                  number of applications filed by such                    365 consecutive days.                                  DATES: Written comments must be
                                                  applicants. The Committees must                            • Each member will be required to
                                                  include individuals with ‘‘substantial                                                                         submitted on or before August 29, 2017.
                                                                                                          file a confidential financial disclosure
                                                  background and achievement in finance,                  form within thirty (30) days of                        ADDRESSES: You may submit comments
                                                  management, labor relations, science,                   appointment. 5 CFR 2634.202(c),                        by any of the following methods:
                                                  technology, and office automation.’’ 35                 2634.204, 2634.903, and 2634.904(b).                     Email: InformationCollection@
                                                  U.S.C. 5(b)(3). Each of the Public                         • Each member will be subject to                    uspto.gov. Include ‘‘0651–0075
                                                  Advisory Committees also includes                       many of the public integrity laws,                     comment’’ in the subject line of the
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                                                  three (3) non-voting members                            including criminal bars against                        message.
                                                  representing each labor organization                    representing a party in a particular                     Federal Rulemaking Portal: http://
                                                  recognized by the USPTO.                                matter that came before the member’s                   www.regulations.gov.
                                                  Administration policy discourages the                   committee and that involved at least one                 Mail: Marcie Lovett, Records and
                                                  appointment of federally registered                     specific party. 18 U.S.C. 205(c); see also             Information Governance Division
                                                  lobbyists to agency advisory boards and                 18 U.S.C. 207 for post-membership bars.                Director, Office of the Chief Technology
                                                  commissions (Lobbyists on Agency                        A member also must not act on a matter                 Officer, United States Patent and


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Document Created: 2017-06-30 06:01:19
Document Modified: 2017-06-30 06:01:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for nominations for the Patent and Trademark Public Advisory Committees.
DatesNominations must be postmarked or electronically transmitted on or before July 25, 2017.
ContactBrendan McCommas, Acting Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, at (571) 272-8600.
FR Citation82 FR 29847 

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