IP Hot Topic: A SPARK of Innovation — USPTO Launches SPARK Pilot Program to Incentivize Standards Participation

2026 Summer Associate Bill Barnhart contributed to this article. 

On June 3, 2026, the USPTO’s Standard-Essential Patent (SEP) Working Group launched the Standards Participation and Representation Kudos (SPARK) Pilot Program. The new program offers expedited examination of patent applications and accelerated review of ex parte appeals to U.S.-based small and medium-sized businesses, universities, and nonprofit organizations who participate in standards development organizations (SDOs).

The SEP Working Group was announced in December 2025. As we reported then, formation of this group reinforces the USPTO’s commitment that valid patents, including SEP patents, deserve strong protection and that the public interest favors enforcement of patent rights. The new SPARK program is intended to incentivize meaningful SDO participation by small entities, who often lack resources to participate, by providing tangible patent-based value that will help offset the time and resources invested in standards development.

What Is It?

• Available benefits: The SPARK program offers expedited examination of eligible patent applications until the first Office Action. The program also offers expedited review of eligible ex parte appeals. Notably, the application or appeal being expedited does not need to be related to the standard.
• Program duration: The program began on June 3, 2026, and will run until June 3, 2027, or until the USPTO grants 200 petitions, whichever occurs first.
• How to apply: Applicants must submit a petition and meet the eligibility requirements below. Petition fees are waived under the program.

Who Is Eligible?

• Eligible organizations: The applicant must be a small business or a nonprofit organization (including a university or other institution of higher education) that qualifies as a small entity under 37 CFR 1.27. The applicant must be domiciled in the United States or its territories and must be a single juristic entity. Only one organizational applicant may be named.
• Qualifying activity: The applicant must certify that it has meaningfully participated in a voluntary consensus-based SDO by having completed at least 40 hours of active participation since January 13, 2026. The petition must identify the specific technical standard.

What Matters Are Eligible?

• Eligible matters: The matter must be an original nonprovisional utility application or an ex parte appeal arising from such an application. An applicant may file only one petition per technical standard in which the applicant participated, and no more than three total petitions under the program.
• Timelines: A petition to request expedited examination must be filed before issuance of a first Office action. A Petition to request expedited appeal to the PTAB must be filed between (1) the date when the PTAB issues a notice that the appeal has been docketed, and (2) the date at which the appellant withdraws the appeal, a final decision is rendered by the PTAB, or PTAB jurisdiction ends.
• Eligible claims: The application must contain no more than three independent claims and no more than 20 total claims and must not contain any multiple dependent claims. If the application does not meet the above criteria, the applicant may file a preliminary amendment to cancel any excess claims or multiple dependent claims no later than the date the petition under the pilot program is filed. Any amendment to the claims submitted after the filing date of the petition will not be considered in deciding the petition.
• Other limitation: The application or appeal may not have already received special status through another USPTO program at the time the petition is filed.

How Can Businesses Take Advantage of This?

Because SPARK petitions are capped at one per technical standard and three total, applicants should be strategic in choosing applications for submission. As noted above, the subject application does not need to be related to the technical standard identified in the petition, so applicants should prioritize commercially important applications that would benefit from expedited examination or appeal. Applicants should also give careful consideration before using a petition on an ex parte appeal. Current USPTO statistics indicate that PTAB ex parte appeal pendency is already comparatively low, which may reduce the practical value of accelerated appeal treatment relative to accelerated examination.

What Issues Might Businesses Encounter?

The SPARK Pilot Program is intended to encourage SDO participation by small businesses and nonprofit organizations. While this program offers meaningful incentives for these entities, participation in standard-setting processes requires careful consideration of business and IP strategies. Prospective participants should work with counsel to ensure that such participation aligns with their broader patent interests, including protection of proprietary technology and licensing and enforcement objectives.

Participants must also ensure their activities comply with the SDO’s IP policies, including patent-disclosure obligations, contributor terms, and licensing frameworks. Many SDOs require participants to disclose relevant patents and pending applications, and to commit to license essential patent claims on fair, reasonable, and non-discriminatory (FRAND) terms. Companies should approach SDO participation with a clear understanding of how these commitments shape their long-term IP and business objectives.