§ 5. — Patent and Trademark Office Public Advisory Committees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC5]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
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.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4714],
Nov. 29, 1999, 113 Stat. 1536, 1501A-578; amended Pub. L. 107-273, div.
C, title III, Secs. 13203(b), 13206(a)(3), Nov. 2, 2002, 116 Stat. 1902,
1904.)
References in Text
For the effective date of the Patent and Trademark Office Efficiency
Act, referred to in subsec. (a)(3), as 4 months after Nov. 29, 1999, see
section 1009(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as
an Effective Date of 1999 Amendment note under section 1 of this title.
The Federal Advisory Committee Act, referred to in subsec. (h), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Prior Provisions
A prior section 5, act July 19, 1952, ch. 950, 66 Stat. 793, related
to bond of Commissioner and other officers, prior to repeal by Pub. L.
92-310, title II, Sec. 208(a), June 6, 1972, 86 Stat. 203.
Amendments
2002--Subsec. (e). Pub. L. 107-273, Sec. 13206(a)(3), struck out ``,
United States Code'' after ``title 5'' in two places.
Subsec. (g). Pub. L. 107-273, Sec. 13206(a)(3), struck out ``,
United States Code'' after ``title 18''.
Subsec. (i). Pub. L. 107-273, Sec. 13203(b)(1), inserted ``,
privileged,'' after ``personnel''.
Subsec. (j). Pub. L. 107-273, Sec. 13203(b)(2), added subsec. (j).
Effective Date
Section effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an
Effective Date of 1999 Amendment note under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in section 3 of this title.
