Patents - 35 USC Section 5

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01/19/04

Sec. 5. Patent and Trademark Office Public Advisory Committees

(a) Establishment of Public Advisory Committees. -
(1) Appointment. - The United States Patent and Trademark
Office shall have a Patent Public Advisory Committee and a
Trademark Public Advisory Committee, each of which shall have
nine voting members who shall be appointed by the Secretary of
Commerce and serve at the pleasure of the Secretary of Commerce.
Members of each Public Advisory Committee shall be appointed for
a term of 3 years, except that of the members first appointed,
three shall be appointed for a term of 1 year, and three shall be
appointed for a term of 2 years. In making appointments to each
Committee, the Secretary of Commerce shall consider the risk of
loss of competitive advantage in international commerce or other
harm to United States companies as a result of such appointments.
(2) Chair. - The Secretary shall designate a chair of each
Advisory Committee, whose term as chair shall be for 3 years.
(3) Timing of appointments. - Initial appointments to each
Advisory Committee shall be made within 3 months after the
effective date of the Patent and Trademark Office Efficiency Act.
Vacancies shall be filled within 3 months after they occur.
(b) Basis for Appointments. - Members of each Advisory Committee
-
(1) shall be citizens of the United States who shall be chosen
so as 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;
(2) shall include members who represent small and large entity
applicants located in the United States in proportion to the
number of applications filed by such applicants, but in no case
shall members who represent small entity patent applicants,
including small business concerns, independent inventors, and
nonprofit organizations, constitute less than 25 percent of the
members of the Patent Public Advisory Committee, and such members
shall include at least one independent inventor; and
(3) shall include individuals with substantial background and
achievement in finance, management, labor relations, science,
technology, and office automation.
In addition to the voting members, each Advisory Committee shall
include a representative of each labor organization recognized by
the United States Patent and Trademark Office. Such representatives
shall be nonvoting members of the Advisory Committee to which they
are appointed.
(c) Meetings. - Each Advisory Committee shall meet at the call of
the chair to consider an agenda set by the chair.
(d) Duties. - Each Advisory Committee shall -
(1) review the policies, goals, performance, budget, and user
fees 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, and advise the Director on
these matters;
(2) within 60 days after the end of each fiscal year -
(A) prepare an annual report on the matters referred to in
paragraph (1);
(B) 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
(C) publish the report in the Official Gazette of the United
States Patent and Trademark Office.
(e) Compensation. - Each member of each Advisory Committee shall
be compensated for each day (including travel time) during which
such member is attending meetings or conferences of that Advisory
Committee or otherwise engaged in the business of that Advisory
Committee, at the rate which 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. While away from such member's home
or regular place of business such member shall be allowed travel
expenses, including per diem in lieu of subsistence, as authorized
by section 5703 of title 5.
(f) Access to Information. - Members of each Advisory Committee
shall be provided access to records and information in the United
States Patent and Trademark Office, except for personnel or other
privileged information and information concerning patent
applications required to be kept in confidence by section 122.
(g) Applicability of Certain Ethics Laws. - Members of each
Advisory Committee shall be special Government employees within the
meaning of section 202 of title 18.
(h) Inapplicability of Federal Advisory Committee Act. - The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
each Advisory Committee.
(i) Open Meetings. - The meetings of each Advisory Committee
shall be open to the public, except that each Advisory Committee
may by majority vote meet in executive session when considering
personnel, privileged, or other confidential information.
(j) Inapplicability of Patent Prohibition. - Section 4 shall not
apply to voting members of the Advisory Committees.

Last modified: April 20, 2006

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Patents - 35 USC Section 5

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