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OMB Control No: 0651-0059	ICR Reference No: 202604-0651-002
Status: Active	Previous ICR Reference No: 202410-0651-015
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Petitions Related to Application and Reexamination Processing Fees
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	09/30/2027	09/30/2027	09/30/2027
Responses	51,236	0	50,953
Time Burden (Hours)	83,983	0	82,237
Cost Burden (Dollars)	4,887,062	0	4,887,062

Abstract: 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.

Authorizing Statute(s): US Code: 35 USC 2(b)(2) Name of Law: America Invents Act of 2011

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:
	89 FR 11819	02/15/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 42452	05/15/2024
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	51,236	50,953	283
Annual Time Burden (Hours)	83,983	82,237	1,746
Annual Cost Burden (Dollars)	4,887,062	4,887,062	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: 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.

Annual Cost to Federal Government: $220,009

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: Raul Tamayo 571 272-7728 raul.tamayo@uspto.gov

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