2011 US Code
Title 35 - Patents
Part I - UNITED STATES PATENT AND TRADEMARK OFFICE (§§ 1 - 42)
Chapter 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS (§§ 1 - 14)
Section 5 - Patent and Trademark Office Public Advisory Committees
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 5 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4714], Nov. 29, 1999, 113 Stat. 1536, 1501A-578; amended Pub. L. 107-273, div. C, title III, §§13203(b), 13206(a)(3), Nov. 2, 2002, 116 Stat. 1902, 1904. |
Statutes at Large References | 66 Stat. 793 86 Stat. 203, 770 113 Stat. 1536 116 Stat. 1902 |
Public Law References | Public Law 92-310, Public Law 92-463, Public Law 106-113, Public Law 107-273 |
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(a)
(1)
(2)
(3)
(b)
(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)
(d)
(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)
(f)
(g)
(h)
(i)
(j)
(Added Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4714], Nov. 29, 1999, 113 Stat. 1536, 1501A–578; amended Pub. L. 107–273, div. C, title III, §§13203(b), 13206(a)(3), Nov. 2, 2002, 116 Stat. 1902, 1904.)
References in TextFor 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, §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 ProvisionsA 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, §208(a), June 6, 1972, 86 Stat. 203.
Amendments2002—Subsec. (e). Pub. L. 107–273, §13206(a)(3), struck out “, United States Code” after “title 5” in two places.
Subsec. (g). Pub. L. 107–273, §13206(a)(3), struck out “, United States Code” after “title 18”.
Subsec. (i). Pub. L. 107–273, §13203(b)(1), inserted “, privileged,” after “personnel”.
Subsec. (j). Pub. L. 107–273, §13203(b)(2), added subsec. (j).
Effective DateSection effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 1 of this title.
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