USPTO DOCX Transition Update

The U.S. Patent and Trademark Office (USPTO) announced earlier this year that it would officially transition to DOCX format for filing nonprovisional utility applications on January 1, 2022, and that any nonprovisional utility application filed in PDF format on/after this date would incur a USPTO surcharge of $400.

We are pleased to inform you that the USPTO has just announced that it will delay the effective date of this surcharge until January 1, 2023. According to the USPTO, this “delay will enable the USPTO to undertake enhanced testing of its information technology systems as more users file in DOCX, and it also will give applicants more time to adjust to filing patent applications in DOCX format.”  The USPTO’s final rule to this effect is scheduled to be published in the Federal Register on November 22, 2021.  Before then, you may preview an unpublished version here:  https://www.federalregister.gov/public-inspection/2021-25368/setting-and-adjusting-patent-fees-during-fiscal-year-2020

We will provide updates as more information about the USPTO DOCX transition becomes available.