Here is what the USPTO said today (archived here) about its $400 penalty for failing to file in Microsoft Word format:
As previously noted, we will continue to allow filings in non-DOCX filing formats for new, non-provisional utility patent applications until January 17, 2024. After January 17, those filing new, non-provisional utility patent applications with specification, claims, and abstract in non-DOCX filing formats will incur a surcharge.
It’s clear that filings carried out on January 16, 2023, or earlier, may be done in trusted PDF format without penalty. It’s clear that filings carried out on January 18, 2023, or later, must include a Microsoft-Word-formatted copy of the patent application to avoid the penalty.
But what will happen for patent applications filed on January 17, 2024?
The Federal Register notice says the effective date of the penalty will be January 17, 2024. This means that a filer who files on January 17 (and fails to provide the Microsoft-Word-formatted copy) will incur the penalty.
But the quoted language above says the penalty will be incurred for applications filed after January 17. In other words, a filing that is not “after January 17” will not incur the penalty. And I note that January 17 and “after January 17” have no overlap. They are not the same thing.
