Certification and Petition Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite an Appeal to the Patent Trial and Appeal Board (PTAB)
Certification and Petition Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite an Appeal to the Patent Trial and Appeal Board (PTAB)
The Patent Trial and Appeal Board (PTAB or Board) is established by statute under 35 U.S.C. Section 6. This statute directs that PTAB "shall on written appeal of an applicant, review adverse decisions of examiners upon applications for patent and shall determine priority and patentability of invention in interferences." PTAB has the authority, under pre-AIA sections of the Patent Act, i.e. 35 U.S.C. Sections 134, 135, 306, and 315, to decide ex parte and inter partes appeals and interferences. The information in this information collection can be submitted in paper or electronically. In this renewal, the USPTO is adding the Petitions to the Chief Administrative Patent Judge Under 37 CFR 41.3 into the information collection, in addition to adjusting the responses, burden hours, and annual (non-hour) costs. The USPTO expects that businesses or other for-profits and non-profit institutions will mainly respond to this information collection, in addition to individuals or households.
US Code:
35 USC 134 and 135
Name of Law: America Invents Act
US Code:
35 USC 6
Name of Law: American Inventor Protection Act
In 2026, the USPTO is launching the Standards Participation and Representation Kudos (SPARK) Pilot Program in order to incentivize meaningful participation by small and medium-sized U.S. businesses, universities, and non-profit organizations in standards development organizations. The SPARK program permits eligible U.S. entities to file a petition under 37 CFR § 41.3 to expedite an ex parte appeal to the PTAB. Normally, petitions under 37 CFR § 41.3 must include the petition fee under 37 CFR § 41.20(a) and are covered under Item 5 of this information collection. The SPARK program waives the petition fee under 37 CFR § 41.20(a) for 37 § CFR 41.3 petitions filed under the program. No more than 50 37 CFR 41.3 petitions may be granted to expedite appeals under the SPARK program.
In support of the launch of the SPARK program, the USPTO is adding a form to this information collection, PTO/SB/479b (Certification and Petition Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite an Appeal to the Patent Trial and Appeal Board (PTAB)). The addition of the PTO/SB/479b form to this information collection will add a new line (Item 9) to the collection (SPARK Pilot Program Petition to Make Special). The addition of this form to the information collection will increase the total estimated responses (+50) and burden hours (+50).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
SPARK Pilot Program Petition to Make Special