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

Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
 
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women