This morning, the U.S. Patent and Trademark Office (USPTO) filed a final rule, stating that patent applicants could file new applications without using DOCX format and without paying a surcharge until January 1, 2023. The rule is scheduled to be published on Monday, November 22.

The USPTO aims to require new applications to be filed in DOCX format for increased efficiency and quality. To encourage applicants to use DOCX format, the USPTO plans to implement a $400 surcharge for new applications that are not filed in DOCX format. However, after receiving comments about a lack of readiness, the USPTO delayed implementation of this surcharge from January 1, 2021 to January 1, 2022. Now, the USPTO has again moved this deadline for the same date at the beginning of 2023.

The Grüneberg and Myers team stays on top of new developments on the technical side of USPTO practice, including DOCX filings and the beta testing of the USPTO’s new Patent Center system. Watch for further updates here, or contact us with any questions.