83_FR_23059 83 FR 22963 - Patent and Trademark Public Advisory Committees

83 FR 22963 - Patent and Trademark Public Advisory Committees

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22963-22964
FR Document2018-10530

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.

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018)
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22963-22964]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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, 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, 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]
BILLING CODE 3510-16-P



                                                                              Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices                                           22963

                                                 Dated: May 11, 2018.                                  successful as possible, and outreach                  several amendments to the 1999 Act,
                                               Sarah Brabson,                                          efforts are targeting the intended                    including the requirement that the terms
                                               Management Analyst, Office of the Chief                 recipients with useful information.                   of the USPTO Public Advisory
                                               Information Officer.                                                                                          Committee members be realigned by
                                                                                                       II. Method of Collection
                                               [FR Doc. 2018–10479 Filed 5–16–18; 8:45 am]                                                                   2014, so that December 1 be used as the
                                               BILLING CODE 3510–22–P
                                                                                                          Information will be collected in the               start and end date, with terms staggered
                                                                                                       means most efficient and effective in the             so that each year three existing terms
                                                                                                       individual jurisdiction. For the three                expire and three new terms begin on
                                               DEPARTMENT OF COMMERCE                                  years covered by this clearance we                    December 1. Through this Notice, the
                                                                                                       expect to use face-to-face interviews in              USPTO is requesting nominations for up
                                               National Oceanic and Atmospheric                        American Samoa, and as appropriate,                   to three (3) members of the Patent
                                               Administration                                          face-to-face, telephone and/or internet-              Public Advisory Committee, and for up
                                                                                                       based survey techniques in Hawaii and                 to three (3) members of the Trademark
                                               Submission for OMB Review;                              Florida, Commonwealth of the Northern                 Public Advisory Committee, for terms of
                                               Comment Request                                         Mariana Islands, Guam, Puerto Rico,                   three years that begin on December 1,
                                                 The Department of Commerce will                       and the U.S. Virgin Islands.                          2018.
                                                                                                          Affected Public: Individuals or                    DATES: Nominations must be
                                               submit to the Office of Management and
                                                                                                       households.                                           postmarked or electronically
                                               Budget (OMB) for clearance the                             Frequency: Every five to seven years.
                                               following proposal for collection of                       Respondent’s Obligation: Voluntary.                transmitted on or before July 6, 2018.
                                               information under the provisions of the                    This information collection request                ADDRESSES: Persons wishing to submit
                                               Paperwork Reduction Act (44 U.S.C.                      may be viewed at reginfo.gov. Follow                  nominations should send the nominee’s
                                               Chapter 35).                                            the instructions to view Department of                resumé by postal mail to Brendan
                                                 Agency: National Oceanic and                          Commerce collections currently under                  McCommas, Chief of Staff, Office of the
                                               Atmospheric Administration (NOAA).                      review by OMB.                                        Under Secretary of Commerce for
                                                 Title:                                                   Written comments and                               Intellectual Property and Director of the
                                                 OMB Control Number: 0648–0646.                        recommendations for the proposed                      USPTO, Post Office Box 1450,
                                                 Form Number(s): None.                                 information collection should be sent                 Alexandria, Virginia, 22313–1450 or by
                                                 Type of Request: Regular (extension of                within 30 days of publication of this                 electronic mail to: PPACnominations@
                                               a currently approved information                        notice to OIRA_Submission@                            uspto.gov for the Patent Public Advisory
                                               collection).                                            omb.eop.gov or fax to (202) 395–5806.                 Committee, or TPACnominations@
                                                 Number of Respondents: 1,765.                                                                               uspto.gov for the Trademark Public
                                                                                                         Dated: May 11, 2018.
                                                 Average Hours per Response: 20                                                                              Advisory Committee.
                                                                                                       Sarah Brabson,
                                               minutes.                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                 Burden Hours: 652.                                    NOAA PRA Clearance Officer.                           Brendan McCommas, Chief of Staff,
                                                 Needs and Uses: This request is for                   [FR Doc. 2018–10478 Filed 5–16–18; 8:45 am]           Office of the Under Secretary of
                                               extension of a currently approved                       BILLING CODE 3510–JS–P                                Commerce for Intellectual Property and
                                               information collection.                                                                                       Director of the USPTO, at (571) 272–
                                                 The purpose of this information                                                                             8600.
                                               collection is to obtain information from                DEPARTMENT OF COMMERCE
                                                                                                                                                             SUPPLEMENTARY INFORMATION: The
                                               individuals in the seven United States                                                                        Advisory Committees’ duties include:
                                                                                                       Patent and Trademark Office
                                               (U.S.) jurisdictions containing coral                                                                            • Review and advise the Under
                                               reefs. Specifically, NOAA is seeking                    [Docket No. PTO–P–2018–0038]                          Secretary of Commerce for Intellectual
                                               information on the knowledge, attitudes                                                                       Property and Director of the USPTO on
                                               and reef use patterns, as well as                       Patent and Trademark Public Advisory
                                                                                                       Committees                                            matters relating to policies, goals,
                                               information on knowledge and attitudes                                                                        performance, budget, and user fees of
                                               related to specific reef protection                     AGENCY: United States Patent and                      the USPTO relating to patents and
                                               activities. In addition, this survey will               Trademark Office, Commerce.                           trademarks, respectively; and
                                               provide for the ongoing collection of                   ACTION: Notice and request for                           • Within 60 days after the end of each
                                               social and economic data related to the                 nominations for the Patent and                        fiscal year: (1) Prepare an annual report
                                               communities affected by coral reef                      Trademark Public Advisory                             on matters listed above; (2) transmit the
                                               conservation programs.                                  Committees.                                           report to the Secretary of Commerce, the
                                                 The Coral Reef Conservation Program                                                                         President, and the Committees on the
                                               (CRCP), developed under the authority                   SUMMARY:    On November 29, 1999, the                 Judiciary of the Senate and the House of
                                               of the Coral Reef Conservation Act of                   President signed into law the Patent and              Representatives; and (3) publish the
                                               2000, is responsible for programs                       Trademark Office Efficiency Act (the                  report in the Official Gazette of the
                                               intended to enhance the conservation of                 ‘‘Act’’), Public Law 106–113, which,                  USPTO.
                                               coral reefs. We intend to use the                       among other things, established two
                                               information collected through this                      Public Advisory Committees to review                  Advisory Committees
                                               instrument for research purposes as well                the policies, goals, performance, budget                The Public Advisory Committees are
                                               as measuring and improving the results                  and user fees of the United States Patent             each composed of nine (9) voting
                                               of our reef protection programs. Because                and Trademark Office (USPTO) with                     members who are appointed by the
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                                               many of our efforts to protect reefs rely               respect to patents, in the case of the                Secretary of Commerce (the ‘‘Secretary’’)
                                               on education and changing attitudes                     Patent Public Advisory Committee, and                 and serve at the pleasure of the
                                               toward reef protection, the information                 with respect to trademarks, in the case               Secretary for three-year terms. Members
                                               collected will allow CRCP staff to                      of the Trademark Public Advisory                      are eligible for reappointment for a
                                               ensure programs are designed                            Committee, and to advise the Director                 second consecutive three-year term. The
                                               appropriately at the start, future                      on these matters. The America Invents                 Public Advisory Committee members
                                               program evaluation efforts are as                       Act Technical Corrections Act made                    must be citizens of the United States


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                                               22964                          Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices

                                               and are chosen to represent the interests               Applicability of Certain Ethics Laws                  DEPARTMENT OF DEFENSE
                                               of diverse users of the United States
                                               Patent and Trademark Office with                           Public Advisory Committee Members                  Department of the Air Force
                                               respect to patents, in the case of the                  are Special Government Employees
                                                                                                                                                             [Docket ID: USAF–2018–HQ–0002]
                                               Patent Public Advisory Committee, and                   within the meaning of Section 202 of
                                               with respect to trademarks, in the case                 Title 18, United States Code. The                     Proposed Collection; Comment
                                               of the Trademark Public Advisory                        following additional information                      Request
                                               Committee. Members must represent                       includes several, but not all, of the
                                               small and large entity applicants located               ethics rules that apply to members, and               AGENCY:   Department of the Air Force,
                                                                                                       assumes that members are not engaged                  DoD.
                                               in the United States in proportion to the
                                               number of applications filed by such                    in Public Advisory Committee business                 ACTION:   Information collection notice.
                                               applicants. The Committees must                         more than 60 days during any period of
                                                                                                                                                             SUMMARY:    In compliance with the
                                               include individuals with ‘‘substantial                  365 consecutive days.
                                                                                                                                                             Paperwork Reduction Act of 1995, the
                                               background and achievement in finance,                     • Each member will be required to                  Department of the Air Force announces
                                               management, labor relations, science,                   file a confidential financial disclosure              a proposed public information
                                               technology, and office automation.’’ 35                 form within thirty (30) days of                       collection and seeks public comment on
                                               U.S.C. 5(b)(3). Each of the Public                      appointment. 5 CFR 2634.202(c),                       the provisions thereof. Comments are
                                               Advisory Committees also includes                       2634.204, 2634.903, and 2634.904(b).                  invited on whether the proposed
                                               three (3) non-voting members                                                                                  collection of information is necessary
                                                                                                          • Each member will be subject to
                                               representing each labor organization                                                                          for the proper performance of the
                                               recognized by the USPTO.                                many of the public integrity laws,
                                                                                                       including criminal bars against                       functions of the agency, including
                                               Administration policy discourages the                                                                         whether the information shall have
                                               appointment of federally registered                     representing a party in a particular
                                                                                                                                                             practical utility; the accuracy of the
                                               lobbyists to agency advisory boards and                 matter that came before the member’s
                                                                                                                                                             agency’s estimate of the burden of the
                                               commissions (Lobbyists on Agency                        committee and that involved at least one
                                                                                                                                                             proposed information collection; ways
                                               Boards and Commissions, http://                         specific party. 18 U.S.C. 205(c); see also            to enhance the quality, utility, and
                                               www.whitehouse.gov/blog/2009/09/23/                     18 U.S.C. 207 for post-membership bars.               clarity of the information to be
                                               lobbyist-agency-boards-and-                             A member also must not act on a matter                collected; and ways to minimize the
                                               commissions (Sept. 23, 2009)); cf. Exec.                in which the member (or any of certain                burden of the information collection on
                                               Order No. 13490, 74 FR 4673 (January                    closely related entities) has a financial             respondents, including through the use
                                               21, 2009) (While Executive Order 13490                  interest. 18 U.S.C. 208.                              of automated collection techniques or
                                               does not specifically apply to federally                   • Representation of foreign interests              other forms of information technology.
                                               registered lobbyists appointed by agency                may also raise issues. 35 U.S.C. 5(a)(1)              DATES: Consideration will be given to all
                                               or department heads, it sets forth the                  and 18 U.S.C. 219.                                    comments received by July 16, 2018.
                                               Administration’s general policy of                                                                            ADDRESSES: You may submit comments,
                                               decreasing the influence of special                     Meetings of the Patent and Trademark
                                                                                                                                                             identified by docket number and title,
                                               interests in the Federal Government).                   Public Advisory Committees
                                                                                                                                                             by any of the following methods:
                                               Procedures and Guidelines of the                           Meetings of each Advisory Committee                   Federal eRulemaking Portal: http://
                                               Patent and Trademark Public Advisory                    will take place at the call of the                    www.regulations.gov. Follow the
                                               Committees                                              respective Committee Chair to consider                instructions for submitting comments.
                                                                                                       an agenda set by that Chair. Meetings                    Mail: Department of Defense, Office of
                                                  Each newly appointed member of the                   may be conducted in person,                           the Chief Management Officer,
                                               Patent and Trademark Public Advisory                    telephonically, on-line through the                   Directorate for Oversight and
                                               Committees will serve for a three-year                                                                        Compliance, 4800 Mark Center Drive,
                                                                                                       internet, or by other appropriate means.
                                               term that begins on December 1, 2018,                                                                         Mailbox #24, Suite 08D09, Alexandria,
                                                                                                       The meetings of each Advisory
                                               and ends on December 1, 2021. As                                                                              VA 22350–1700.
                                                                                                       Committee will be open to the public                     Instructions: All submissions received
                                               required by the 1999 Act, members of
                                                                                                       except each Advisory Committee may,                   must include the agency name, docket
                                               the Patent and Trademark Public
                                                                                                       by majority vote, meet in executive                   number and title for this Federal
                                               Advisory Committees will receive
                                                                                                       session when considering personnel,                   Register document. The general policy
                                               compensation for each day (including
                                               travel time) while the member is                        privileged, or other confidential                     for comments and other submissions
                                               attending meetings or engaged in the                    information. Nominees must have the                   from members of the public is to make
                                               business of that Advisory Committee.                    ability to participate in Committee                   these submissions available for public
                                               The enabling statute states that members                business through the internet.                        viewing on the internet at http://
                                               are to be compensated at the daily                        Dated: May 9, 2018.                                 www.regulations.gov as they are
                                               equivalent of the annual rate of basic                  Andrei Iancu,
                                                                                                                                                             received without change, including any
                                               pay in effect for level III of the Executive                                                                  personal identifiers or contact
                                                                                                       Under Secretary of Commerce for Intellectual          information.
                                               Schedule under section 5314 of Title 5,                 Property and Director of the United States
                                               United States Code. Committee                           Patent and Trademark Office.                          FOR FURTHER INFORMATION CONTACT:     To
                                               members are compensated on an hourly                    [FR Doc. 2018–10530 Filed 5–16–18; 8:45 am]           request more information on this
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                                               basis, calculated at the daily rate. While                                                                    proposed information collection or to
                                                                                                       BILLING CODE 3510–16–P
                                               away from home or regular place of                                                                            obtain a copy of the proposal and
                                               business, each member shall be allowed                                                                        associated collection instruments,
                                               travel expenses, including per diem in                                                                        please write to the Air Force Office of
                                               lieu of subsistence, as authorized by                                                                         Scientific Research, ATTN: AFOSR/
                                               Section 5703 of Title 5, United States                                                                        RTB, 875 North Randolph Street, Suite
                                               Code.                                                                                                         325, Room 3112, Arlington, VA 22203–


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Document Created: 2018-05-17 00:51:33
Document Modified: 2018-05-17 00:51:33
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 6, 2018.
ContactBrendan McCommas, Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, at (571) 272-8600.
FR Citation83 FR 22963 

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