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

European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
 
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
This Coming Friday
Richard Stallman (RMS)
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day