What Is New for the Patent Public Advisory Committee

D. BENJAMIN BORSON
Borson Law Group P.C.

THE PATENT PUBLIC AND TRADEMARK PUBLIC ADVISORY COMMITTEES (PPAC and TPAC, respectively) were created in 1999 as part of the American Inventors Protection Act (35 U.S.C. Section 5) to provide input to the USPTO from non-governmental employees, taken from individuals having expertise in patent or trademark matters. Each Committee has 9 members of the public appointed by the Secretary of Commerce for 3-year terms and who serve at the pleasure of the Secretary of Commerce, Mr. Howard Lutnik. The duties of the PPAC and TPAC involve reviewing policies, goals, performance, budget and user fees of the USPTO, with the PPAC reviewing the USPTO patent operations and the TPAC reviewing trademark operations and providing written reports each year.

Members of each Committee must be U.S. citizens having substantial background and achievement in finance, management, labor relations, science, technology, and office automation. Both PACs are required to include members who represent entities applying for patent or trademark rights, including representation from both larger and smaller entities. In particular, the PPAC is required to have at least 25% of its membership representing small-entity patent applicants, at least one of those members being an independent inventor.

I had the pleasure of serving on the PPAC from 2009-2012. This experience provided me with contact to all of the high-level personnel in the USPTO to learn about their respective roles and concerns. The committee members met with USPTO individuals and had wide-ranging discussions about patent policy and procedures. I was pleased to hear from other members of the Committee and hear and discuss their diverse views. At the end of each year, the committees prepare reports to the President, Director of the USPTO, and members of Congress. The reports are available to the public through the USPTO. The reports contained the views of the members on policy issues, including fees charged to applicants and patentees, and examination procedures and how to improve the functioning of the USPTO. I believe that the PPAC and TPAC provided helpful information for consideration by the USPTO, the President, Congress and the public.