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OMB Control No: 0651-0063	ICR Reference No: 202604-0651-001
Status: Active	Previous ICR Reference No: 202410-0651-008
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Trial and Appeal Board (PTAB) Appeals
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/14/2026
	Date Received in OIRA: 05/12/2026
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2026	10/31/2026	10/31/2026
Responses	22,199	0	22,149
Time Burden (Hours)	239,049	0	238,999
Cost Burden (Dollars)	18,540,677	0	18,540,677

Abstract: 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.

Authorizing Statute(s): 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

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 42699	07/03/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 63940	09/18/2023
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Notice of Appeal	PTO/AIA/31, PTO/SB/31	,
Request for Rehearing Before the PTAB	PTO/AIA/32 , PTO/SB/32	,
SPARK Pilot Program Petition to Make Special	PTO/SB/479b
Statements, Motions, Oppositions, and Replies in preliminary and priority phases of an Interference

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	22,199	22,149	50
Annual Time Burden (Hours)	239,049	238,999	50
Annual Cost Burden (Dollars)	18,540,677	18,540,677	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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).

Annual Cost to Federal Government: $294,249

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Stacey White 571 272-9797 stacey.white@uspto.gov

View ICR - OIRA Conclusion