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

Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
 
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026