Certification and Petition to Make Special Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite Examination of an Application
Certification and Petition to Make Special Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite Examination of an Application
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO also is required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code.
Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Patent Trial and Appeal Board (PTAB); appeals to PTAB are covered in other OMB approved information collections (0651-0063 and 0651-0069). For other USPTO actions, review is in the form of administrative review obtained via submission of a petition to the USPTO. USPTO petitions practice also provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or patent.
This information collection covers petitions filed in patent applications and reexamination proceedings that, when submitted to the USPTO, must be accompanied by the fee set forth in 37 CFR 1.17(f), (g), or (h). This information collection also covers the transmittals for the petitions fees.
US Code:
35 USC 2(b)(2)
Name of Law: America Invents Act of 2011
Rulemakings: RIN 0651-AD83 and RIN 0651-AD84
In view of RIN 0651-AD84 (Discontinuation of the Accelerated Examination Program for Utility Applications (90 FR 24324)) , responses under Item 4 of this information collection (Petitions to Make Special Under Accelerated Examination Program (Patent Center only)) may no longer be filed in utility patent applications. Responses under Item 4 may continue to be filed in design patent applications. This change would be expected to result in a decrease of respondents under this information collection.
However, RIN 0651-AD83 (Eliminating Expedited Examination of Design Applications (90 FR 39124)) eliminated the expedited examination of design applications under 37 CFR § 1.155. As a result, more design patent applicants seeking to advance the examination of their design applications may consider the Accelerated Examination program. The USPTO is thus estimating a net increase in responses under Item 4 of this information collection. Specifically, the USPTO estimates that RINs 0651-AD83 and 0651-AD84 will result in an increase to the total estimated respondents (+133) and burden hours (+1,596).
Spark Program
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 § 1.102(d) to expedite the examination of an original (non-reissue) nonprovisional utility application. Normally, petitions to make special under 37 CFR § 1.102(d) must include the petition fee under 37 CFR § 1.17(h) and are covered under Item 3 of this information collection. The SPARK program waives the petition fee under 37 CFR § 1.17(h) for petitions to make special under 37 CFR § 1.102(d) filed under the program. The number of petitions granted under the SPARK program is limited to 50 granted petitions per quarter, and a total of 200 granted petitions. In addition, no more than 50 petitions may be granted to expedite examination under the program for each Technology Center that examines utility applications.
In support of the launch of the SPARK program, the USPTO is adding a form to this information collection, PTO/SB/479a (Certification and Petition to Make Special under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite Examination of an Application). The addition of the PTO/SB/479a form to this information collection will add a new line (Item 7) to the collection (SPARK Pilot Program Petition to Make Special). There will be an increase in the total estimated responses (+150) and burden hours (+150) to this information collection due to this action.
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