2026-17524NoticeWallet

Patent appeals paperwork gets OMB review and public comment call

Published Date: 8/27/2026

Notice

Summary

The United States Patent and Trademark Office (hereafter "USPTO" or "Agency") will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comments on the information collection renewal of 0651-0063, which helps the USPTO assess the impact of its information collection requirements and minimize the reporting burden to the public. Public comments were previously requested via the Federal Register on April 20, 2026, during a 60-day comment period (91 FR 20986). This notice allows for an additional 30 days for public comments.

Analyzed Economic Effects

4 provisions identified: 0 benefits, 4 costs, 0 mixed.

Large USPTO Paperwork Burden

The USPTO is renewing information collection 0651-0063 for PTAB appeals and estimates 16,955 annual respondents and 31,544 annual responses. The agency estimates each response takes about 0.50 to 120 hours, for a total annual respondent burden of 337,712 hours and a total annual non-hourly cost burden of $24,086,261.

Non-Compliance Can Dismiss Appeals

Under the regulations cited (37 CFR 41), failure to comply with the applicable rules for PTAB appeals may result in dismissal of the appeal or denial of entry of the submission. This consequence applies to parties filing appeals, ex parte reexaminations, inter partes reexaminations, and interference proceedings governed by this collection.

SPARK Pilot Adds 50 Respondents

Since the earlier notice, the USPTO added the SPARK Pilot Program to this collection, which increases the information collection by 50 respondents, 50 responses, and additional burden hours tied to those participants. The change explicitly increases the totals used in the collection renewal.

Postage Rate Raised, Costs Up $315

The USPTO updated the postage rate from $12.25 to $13.25 for this information collection, which raised non-hourly respondent costs by $315 and contributed to the reported total annual non-hourly cost burden of $24,086,261. This change was reflected after the 60-day notice.

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Key Dates

Published Date
Comments Due
8/27/2026
9/28/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
Patent and Trademark Office
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