Yet another thing the USPTO got wrong about its planned shutdown of EFS-Web

(updated to mention new trouble ticket CP153 and to describe the bug more directly.)

The USPTO has announced (press release) that on November 8, 2023, seven weeks from today, it will shut down EFS-Web.  It looks like the USPTO has completely failed to give any thought to what this means for PCT applicants whose patent applications involve genetic and nucleotide sequences. 

It will be recalled that the “big bang” date for sequence listings was July 1, 2022.  For any patent application filed prior to July 1, 2022, and for the entire pendency of that application, the applicable standard for computer-readable sequence listings is ST.25.  For any patent application on or after July 1, 2022, and for the entire pendency of that application, the applicable standard for computer-readable sequence listings is ST.26.

Suppose a PCT application was filed on June 30, 2022, with no priority claim.  The due date for US national-stage entry from such a PCT application is December 30, 2024.  If the practitioner handling such a US national-stage application were to encounter a need to submit a computer-readable sequence listing at the USPTO, the applicable standard would be ST.25.

Such a need might arise under any of a number of circumstances:

• • The DO/EO/US might find real or imagined errors in the existing sequence listing, in which case it would mail out a notice to correct errors in the sequence listing.  The applicant would be required to submit the corrected sequence listing in ST.25 format.
  • The PCT application might have been filed without any sequence listing, and the  DO/EO/US might identify a need for a sequence listing.  (The RO and the ISA might have overlooked the need or might have judged that no sequence listing was needed, with the DO/EO/US reaching a different view on this point.)  The applicant would be required to submit the new sequence listing in ST.25 format.
  • The applicant might find the need to edit the sequence listing to reflect a new docket number or new priority information, or to correct other errors identified by the applicant.  The applicant would be required to submit the edited sequence listing in ST.25 format.

The alert reader will already have figured out where I am going with this.  Patentcenter refuses to allow uploading of ST.25-formatted sequence listings.  Well, it will allow uploading, but only for the user who is so brave that they ignore an error message telling them that if they try to do it, they will not succeed.  A big red error message appears saying:

ST23/ST25 required resouce null error.

Nothing in this error message gives the user the slightest hit or suggestion how to deal with the error message.

The only e-filing system at the USPTO that permits uploading of ST.25-formatted sequence listings without splashing this error message onto the screen is … wait for it … EFS-Web.  Except that the USPTO has announced that it plans to shut down EFS-Web on November 8, 2023.  This is some thirteen months prior to the December 30, 2024 date mentioned above.

I am indebted to alert Patentcenter listserv member Judith L. Goldberg for identifying this issue.  Thank you Judith!

Update:  a source within the USPTO tells me that notwithstanding the actions of the Patentcenter developers in omitting the ST.25 upload feature from Patentcenter, it was actually intended and designed from the outset that Patentcenter would possess this functionality.  My source says that any lack thereof appears to be a bug.  Prompted by this, I have created trouble ticket CP153.