Bonum Certa Men Certa

Microsoft-Captured USPTO Doubles the Fines for Patent Applicants That Don't Use Microsoft

microsoft-uspto

Summary: The latest from the USPTO, based on a communication from yesterday afternoon, may serve to suggest the blowback is growing and applicants aren't happy to be forced to use Microsoft's OOXML (or face severe penalties)

A reader who is a GNU/Linux user has alerted us that the U.S. Patent and Trademark Office (USPTO) is still working to impose Microsoft's monopoly and proprietary formats by means of penalising those who don't 'play ball'. We've long written about this injustice, to put it mildly (more like overt corruption considering what likely led to it; akin to the EPO outsourcing everything to Microsoft, which isn't even a European company).

Here's a message sent by the USPTO yesterday (less than a day ago):

USPTO to delay the effective date of the non-DOCX filing fee

From: U.S. Patent and Trademark Office Reply-To: subscriptioncenter@subscriptions.uspto.gov Fri, Nov 19, 2021 at 1:42 PM

Having trouble viewing this email? View it as a Web page.

Patent Alert



USPTO to delay the effective date of the non-DOCX filing fee

The United States Patent and Trademark Office (USPTO) has issued a final rule that delays until January 1, 2023, the effective date of the fee set forth in 37 CFR 1.16(u) for any nonprovisional utility patent application filed under 35 U.S.C. 111, including any continuing application, that is not filed in DOCX format. Prior to this final rule, the fee was set to take effect on January 1, 2022. The delay will enable the USPTO to undertake enhanced testing of its information technology systems as more users file in DOCX, and it also will give applicants more time to adjust to filing patent applications in DOCX format.

You can find the full text of the final rule in the Federal Register and on the USPTO’s Patent Related Notices webpage.


We've included a screenshot at the top.

To put all this in context, our reader explains: "I just got an e-mail from the USPTO saying that they were going to delay the $400 penalty for using pdfs instead of DOCX. I recently discovered from Techrights that the USPTO's DOCX plot includes forcing application files to pay a $400 penalty for using pdfs. First, it was the $200 penalty - the "Electronic Filing Incentive" - to force paper filers to file electronically, which would be with pdfs. Now, the plot is a $400 penalty for using pdf."

This reader has meanwhile complained [PDF] about David Kappos, who is alleged to be connected to this mess (Microsoft and IBM controlled the USPTO at the time; Kappos lobbies for both now).

"One of the perks that they gave Kappos for corrupting the USPTO," the reader explains, "is a teaching position at the prestigious Columbia Law School, and I decided to write to the dean, so on 11/11/21 I sent her e-mails - I had sent a paper letter a few days earlier - telling her about Kappos, and suggesting that she could help getting him disbarred, or at least she could fire him. inviting her to help me get Kappos disbarred, or at least fire him."

He told her about Microsoft and DOCX: "Paper is the thin end of the wedge. I suppose you might not care about somebody who puts a patent application on paper. But, what about a pdf? Do you use pdfs? Would you be surprised that, with their success in penalizing patent application filers for using paper, the Kappos-corrupted USPTO is now planning to penalize patent application filers for using pdfs? See the accompanying “The problem with the USPTO’s proposed non-DOCX penalty.” [See https://blog.oppedahl.com/?p=4623 , and much more here https://blog.oppedahl.com/?p=7101] Having penalized patent application filers for using the ubiquitous paper to force them to use Microsoft Windows, now the plot is to penalize patent application filers for using the ubiquitous pdfs to force them to use Microsoft’s proprietary DOCX software. And, do you think they will stop there? Why should they, now that Kappos has corrupted the USPTO for them? Will they develop a proprietary Microsoft keyboard that must be used, because there are newly-developed symbols or codes that they come up with and that must be used?"

It's very plausible that other people have complained, hence the delay. They kick the can down the road for a little while longer. Maybe the next USPTO Director (there's none at the moment; it is a 'placeholder' ad interim) will reverse this awful decision, seeing that Microsoft is floundering anyway. It's truly insane to do such a thing in 2021!

"I would like to think that she got angry and contacted Kappos and Kappos contacted the USPTO," the reader notes. "I KNOW that didn't happen, but you never know: if the right person makes a certain phone call, things can happen. Again, I know that didn't happen, but it's good to see DOCX is being delayed."

Usually it's a sign of problems, like the US military delaying the implementation of HoloLens (a truly ridiculous rollout of a product from a company whose entire staff Microsoft sacked!). It was all along just a sort of bailout (or grifting), in effect President Biden misusing "defence" budget to prop up Microsoft, the password-stealing company, in the same way Trump had done that with JEDI. Trump passed billion of dollars to Microsoft and to Bill Gates in a number of other ways, as we noted here before. They're misusing taxpayers' money (or growing national debt) to feed grifters and crooks.

Recent Techrights' Posts

Throwing Money at Lawyers Can't Stop Us (It Never Did)
Even just trying to censor things can result in the opposite of the desired outcome
BetaNews Has More or Less Died After Experiments With LLM Slop, Is Linuxsecurity Next?
It doesn't seem like BetaNews knows what it's doing, let alone what it talks about
Links 13/06/2025: Journalists Targeted by Cracking, China-Japan and Israel-Iran Tensions Grow
Links for the day
 
Site/Datacentre Maintenance Next Week
speed things up
Bulgaria: GNU/Linux Near 10%
The Bulgarian market seems to be changing
I Never Spoke to BetaNews. But BetaNews Wants to Ensure I Never Will, Either.
Sometimes just the reluctance to talk about it can say a great deal
Online Search or Large Search Engines Aren't Working Anymore
business models that directly compete with interests of Web users
Holidays and Breaks
I've hardly taken any long breaks since I got married
Danish OpenDocument Freedom
"year of Linux"
When Abusive Law Firms (Working for Microsofters Against Us) Assert That Someone Writing in Social Media About Himself is Confidential Information
There was no reason to throw "GDPR" into 2 SLAPPs; they know it, but the goal was to increase the cost of a Defence and lessen the incentive to challenge the SLAPPs
Links 14/06/2025: Wars and L.A. Distortion Effect
Links for the day
Gemini Links 14/06/2025: Historic Ada Design and GeminiSpace.Club to Expire
Links for the day
Links 14/06/2025: India Plane Crash and Middle-Eastern War
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 13, 2025
IRC logs for Friday, June 13, 2025
Gemini Links 13/06/2025: (Not)virtues and Project Yeet Broadband
Links for the day
Links 13/06/2025: US Reduces Nonessential Staff at Baghdad Embassy Ahead of Strikes in Iran, Invasion of California Debated
Links for the day
X11 is Free Software
Whether you agree (e.g. on politics) with the person/s forking it doesn't matter
The More Time Passes, the Better Our Advice on Social Control Media Seems
At the end of the day, any platform you do not control yourself is working for someone else
Twitter (X) is Dying, Now It's Just Like a Mafia-Type Operation of the Man Who Does Nazi Salutes in Public
a form of extortion
UK High Court Blasts Brett Wilson LLP for Misusing "GDPR" After Failed Efforts to Censor Critics Using 'Libel' Claims
No wonder this firm is rapidly shrinking
Recent Blunders in Microsoft GitHub (e.g. Slop-Generated Bug Reports or GPL Violations 'as a Service') Taking Their Toll?
Put bluntly, if you still use Microsoft GitHub, then you're slave to Microsoft
American Imperialism and Microsoft Plagiarism
Techrights will therefore do what Microsoft does not want it to do: it'll write even more about Microsoft
When They Have Nothing Left to Help Advance Abusive Litigation for Microsoft People... Other Than Throwing ~500 Pages of Someone Else's Work Into a PDF
Microsoft is having a very tough year
The Price of Exposing Corruption in Poland (and Elsewhere)
It's easier to participate in corruption than to merely do the right thing and oppose it
Slopwatch and Yet More Holes in 'Secure Boot' (as Usual!), Promoted Inside Linux by the Man We Are Suing
Today's Slopwatch will be short
Gemini Links 13/06/2025: People You've Left Behind, Life Update and OS Changes
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 12, 2025
IRC logs for Thursday, June 12, 2025
Links 12/06/2025: Portland Homeless Deaths Quadruple, COVID Cases Surge in Asia
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025