DOCX Delayed Until 2023
The USPTO has decided to delay implementation of “required” DOCX filing until January 1, 2023. In August 2020, the USPTO issued a final rule that included a fee for patent applications that are not in DOCX format, and the new fee was scheduled to become effective on January 1, 2022. As published in the November 22, 2021 Federal Register, (https://www.federalregister.gov/documents/2021/11/22/2021-25368/setting-and-adjusting-patent-fees-during-fiscal-year-2020), the effective date of this fee has been pushed back one year.
As to the reason for the delay, additional testing and training. As stated in the notice, “the delay will enable the USPTO to provide enhanced testing of its information technology systems as more users file in DOCX. The delay will also give applicants more time to adjust to filing patent application in DOCX format…In addition, prior to the next effective date of the fee, the USPTO plans to provide additional testing opportunity for applicants to file patent applications in DOCX….” The USPTO is also encouraging applicants who have not taken advantage of the numerous USPTO hosted DOCX training sessions to do so.
As previously noted, OBWB is ready for DOCX [see June article here]. Our staff has attended USPTO DOCX training sessions and is presently filing applications in the DOCX format. We will, however, take advantage of the additional testing and training to be provided.
