EFS-Web pukes on its own PDF forms

There have been several reports on the EFS-Web listserv that EFS-Web is puking on its own PDF forms.  The chief trouble area is the Application Data Sheet form.  The user carefully creates a computer-readable ADS and uploads it to EFS-Web.  EFS-Web then pukes on the form, stating (falsely) that it is not really a PDF file.

The workaround is to print the ADS to PDF using CutePDF.  Then that PDF file can be uploaded to EFS-Web.  EFS-Web will gripe that it is not an official USPTO form but will at least permit the e-filing task to be completed.

In the old days I would have characterized this as a Big Problem because in the old days, EFS-Web actually auto-loaded the bibliogaphic data into Palm (and from there into PAIR).  But (as I blogged here) USPTO has been gradually chipping away at this and now almost none of the bib data gets auto-loaded.  So you might just as well upload a CutePDF version into EFS-Web.

EFS-Web is working but …

EFS-Web is working but … don’t get your hopes up that you will be able to see in-progressresults in PAIR.

Not only that, don’t get your hopes up that you will even be able to see your Acknowledgment Receipts.

We filed one new patent application this morning at 7:27 AM Mountain Time.  It’s now 1:45 PM Mountain Time, meaning that more than six hours have passed.  And despite the passage of six hours, the newly filed application is not visible in PAIR.  And indeed when we click on “View last 40 eFiling Acknowledgement Receipts” we are not permitted to view the ack receipt for this filing of six hours ago.  Instead the ack receipt has the dreaded “In Progress” legend instead of a “View” link.

This would have been a really good day to staff the EBC.  But I am pretty sure we won’t be able to reach anyone at the EBC until tomorrow (Monday) morning.  I would have asked the EBC to “open a ticket” to get our case into PAIR, this case that we filed more than six hours ago.

We filed another new patent application this morning at 11:29 AM.  That’s more than two hours ago.  Still not visible in PAIR.  Still no ack receipt, only the “In Progress” message.

But anyway yes EFS-Web does seem more or less to be working.

If you do an EFS-Web filing today and if you later actually see your results in Private PAIR, I would be grateful if you can post a comment about it.

Private PAIR is back, now with IFW

For the past eighteen hours or so, Private PAIR had been broken.  (Before that, it was working for a while but with no IFW.)

Now Private PAIR is up again.  This time it has IFW.

Hopefully Private PAIR will continue to be working and hopefully IFW will continue to be working.

As I reported earlier today, EFS-Web is also back in service.  Hopefully it will likewise continue to be working.

 

EFS-Web seems to be back online

EFS-Web seems to be back online today, December 27.

As we all recall, EFS-Web crashed on the afternoon of Tuesday, December 22.  In my case I was in the middle of trying to file a design patent application when it crashed.  Fortunately I had been doing frequent saved submissions during that project.  Today when I logged in at EFS-Web, my saved submission was there.  I completed the submission and clicked submit and paid the fees.  As far as I know, it worked.

I say “as far as I know” because unfortunately Private PAIR is not working.  So if you e-file a new application in EFS-Web, you are not able to check in PAIR to make sure it came through okay.

But anyway it is good news that USPTO seems to have gotten EFS-Web back online.

It’s perhaps too soon to assume that EFS-Web will continue to be working.  Private PAIR worked for about a day (albeit without an IFW tab) and then stopped working.  And now Public PAIR is working with an IFW tab.

IFW seems to be back (Public PAIR only)

USPTO seems to have gotten IFW back online, although only within Public PAIR.

Private PAIR worked for a little while a couple of days ago, but has not been functioning for the past 18 hours or so and is not functioning just now.

 

 

 

 

How to file PCT applications despite the USPTO’s massive system crash

Both of the EFS-Web servers (the main one and the “contingency” one) are crashed, and have been crashed since December 22.  This means that if you are going to file a PCT application in RO/US, you are stuck doing it by hand-carrying it on paper to the USPTO or running a paper application down to the post office.

So what’s the smart way to file your PCT application just now?

I am indebted to alert reader Rick Neifeld who reminded me that the smart way is to file in RO/IB.  And the smart way to file in RO/IB is of course to do it by means of ePCT.

The only thing to watch out for is the Foreign Filing License (FFL) situation.  You need to make sure either to already have an FFL or not need one.

The way to not need an FFL is to have an invention that was not made in the US.

The easy way to already have an FFL is to have filed a priority application in the USPTO more than six months in the past (so that you will have received an automatic FFL just because six months passed).  Or check your filing receipt on the priority application and hopefully it will say that you have an express FFL.

USPTO says a little more about the cause of the system crashes

Here is a statement dated December 24.  You can see the original here.

Statement of USPTO Acting Chief Communications Officer Patrick Ross

On Tuesday night, December 22, a major power disruption to the USPTO’s data center resulted in the shutdown of our public filing, searching, and payment systems, as well as the core systems our patent and trademark examiners use. Since then, dedicated teams have been working around the clock with our service providers to assess the situation and safely stabilize and restore those systems. Repair estimates remain the same—that the USPTO will be impacted at least through December 25.

Power that comes into the USPTO’s main building feeds two power filtration systems that provide steady, “filtered” power so systems don’t suffer from damaging surges or drops in power supply. A malfunction in the power supply lines feeding these two systems caused significant damage to both systems. This is what we believe caused our systems to go down on Tuesday night.

Because of their size, these large and highly complex power filtration systems cannot be easily replaced. We are working with service providers to obtain a source of uninterrupted conditioned power to the data center as soon as possible.

The USPTO will continue to provide updates, such as yesterday’s announcement of our filing deadline flexibility, through our systems status webpage (www.uspto.gov/blog/ebiz/) and Facebook account (www.facebook.com/uspto.gov (link is external)). With that information, users can make informed decisions about how best to allocate their own time and efforts while the problem is being addressed.

Our IP system is vital to our 21st century knowledge economy. Therefore, having timely and efficient public access to all of our agency’s filing, searching, and payment systems is also vital. The USPTO is mindful of our customer’s needs and appreciates the continuing patience.

So let’s try to put this into plain language.  Some years ago, USPTO spent oodles of money installing redundant “filtration systems” that are intended to protect USPTO’s e-commerce servers from problems with the electricity provided by the electric company.  On December 22, a problem happened with the electricity provided by the telephone company.  Every one of USPTO’s e-commerce servers promptly crashed.  I can’t quite put my finger on what sounds wrong about that.

 

It is now December 25.  About ¾ of USPTO’s e-commerce servers (the least mission-critical servers) are now back online.  So clearly somebody has figured out how to get power reconnected to servers.  Yet, though somebody has figured out how to get power reconnected to ¾ of the servers, still the EFS-Web and TEAS and IFW servers are broken.

The statement is not as clear as it might be, but I guess the situation is that the power that has been connected to the non-mission-critical servers is power that cannot be said to be “uninterrupted conditioned power”.  And until USPTO is able to restore “uninterrupted conditioned power”, USPTO is nervous about flipping the power switches to turn the mission-critical servers (such as EFS-Web and TEAS and IFW) back on.

Too bad that USPTO had not followed suggestions from years ago to move the “contingency” EFS-Web server to a geographically diverse location.

Anyway, “uninterrupted conditioned power” is actually quite easy to get.  USPTO could go on Amazon and place orders for two or three dozen of the biggest UPSs and they would be delivered the next day.  Or USPTO could dispatch employees to stop by all of the nearby Best Buy stores and buy all of the big UPSs.

Two or three dozen big UPSs would be more than enough to power the USPTO mission-critical systems.