Submitting Patent Applications in Structured Text Format and Reliance on the Text Version as the Source or Evidentiary Copy, 29571-29572 [2021-11256]
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices
and the NTIA website, https://
www.ntia.gov/, without change. All
personal identifying information (for
example, name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information.
Dated: May 27, 2021.
Kathy D. Smith,
Chief Counsel, National Telecommunications
and Information Administration.
[FR Doc. 2021–11592 Filed 6–1–21; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2021–0010]
Submitting Patent Applications in
Structured Text Format and Reliance
on the Text Version as the Source or
Evidentiary Copy
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO) is in the
process of transitioning to a system that
supports submitting new patent
applications in structured text,
specifically DOCX format. Filing in
structured text allows applicants to
submit their specifications, claims, and
abstracts in text-based format, thereby
eliminating the need for applicants to
convert applications into a PDF for
filing. It also provides a flexible format
with no template constraints and
improves data quality by supporting
original formats for chemical formulas,
mathematical equations, and tables. The
USPTO previously stated that for
applications filed in DOCX, the
authoritative document would be the
accompanying PDF that the USPTO
systems generate from the DOCX
document. In response to public
feedback, however, the USPTO now
considers the DOCX document filed by
the applicant to be the authoritative
document. Accordingly, an applicant
who files or has filed an application in
DOCX may rely on that version as the
source or evidentiary copy of the
application to make any corrections to
the documents in the application file.
The USPTO will be hosting DOCX
training sessions to provide more
information, demonstrate how to file
and retrieve DOCX files in Patent
Center, EFS–Web, and PAIR, and
answer any questions. Applicants can
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SUMMARY:
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also file test submissions through Patent
Center training mode to practice filing
in DOCX. In addition, we will be
offering listening sessions to gather
feedback and suggestions to further
improve DOCX features.
DATES: Effective date: June 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark O. Polutta, Senior Legal Advisor,
571–272–7709, or Eugenia A. Jones,
Senior Legal Advisor, 571–272–7727, of
the Office of Patent Legal
Administration, Office of the Deputy
Commissioner for Patents.
For technical questions related to
submitting documents in DOCX format,
please contact the Patent Electronic
Business Center (EBC) at 1–866–217–
9197 (toll-free), 571–272–4100 (local), or
ebc@uspto.gov. The EBC is open from 6
a.m. to midnight, ET, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The
USPTO is in the process of transitioning
to a system that supports submitting
new patent applications in structured
text, specifically DOCX format.
Application documents submitted in
DOCX format will facilitate the
examination and publication processes.
This notice provides information on
structured text filing. Specifically, the
USPTO now considers the DOCX
documents filed by applicants to be the
authoritative document, otherwise
referred to as the source or evidentiary
copy of the application, for purposes of
determining the content of the
application as originally filed, should a
discrepancy be discovered. This notice
does not require patent applicants to
make any changes to their practices.
Currently, applicants may
electronically file an application either
by submitting PDF files or by submitting
DOCX files. If an applicant submits
DOCX files, the USPTO uses the DOCX
files to generate PDF files prior to the
actual filing of the application. The
USPTO published a final rule on setting
and adjusting patent fees on August 3,
2020. See Setting and Adjusting Patent
Fees During Fiscal Year 2020, 85 FR
46932 (Aug. 3, 2020). In addition to
establishing a fee for applications not
submitted in a DOCX format, the
response to comment 54 in the final rule
stated that for applications filed in
DOCX, the authoritative document will
be the accompanying PDF that the
USPTO systems generate from the
DOCX document. See id. at 46957.
In response to public feedback, the
USPTO has changed what will be the
authoritative document. The USPTO is
informing applicants that it now
considers the DOCX documents filed by
applicants to be the authoritative
PO 00000
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Fmt 4703
Sfmt 4703
29571
document, otherwise referred to as the
source or evidentiary copy of the
application. This change applies to all
patent documents submitted in DOCX
format, including DOCX submissions
made prior to this notice.
The source or evidentiary copy of the
application is the version submitted to
the USPTO by the applicant in one of
the following formats: Paper, DOCX, or
PDF when not accompanied by a DOCX
version of the same. Applicants should
not submit PDF versions they created
when filing an application in DOCX, as
they are unnecessary. If the applicant
submits documents in DOCX along with
PDF versions they created (not the autogenerated PDFs created by the USPTO),
then the DOCX version will still be
considered the source or evidentiary
copy, and the applicant will be required
to pay the non-DOCX surcharge fee.
Applicants can rely on the DOCX
version as the source or evidentiary
copy in order to make any corrections
to the record when any discrepancies
are identified between the source or
evidentiary copy and the documents as
converted by the USPTO. Accordingly,
during the filing process, applicants will
be advised to review the DOCX files
before submission rather than reviewing
the USPTO-generated PDF version, as
set forth in the August 3, 2020, final
rule.
However, applicants are advised to
check the USPTO-generated versions as
soon as practicable for any
discrepancies or errors. Any
discrepancies or errors that occur as a
result of filing an application in DOCX
format should be promptly brought to
the attention of the USPTO. Applicants
should initially contact the Patent EBC
for investigation at 1–866–217–9197
(toll-free), 571–272–4100 (local), or
ebc@uspto.gov. Depending on the
situation, applicants may need to file a
petition under 37 CFR 1.181 in order to
have the issue reviewed and addressed.
This is consistent with current USPTO
procedures for documents filed in
patent applications.
In this regard, the USPTO has a
records retention schedule for
documents it receives, including new
patent applications and correspondence
filed in patent applications. For
example, applications filed in paper via
mail or hand-delivery are scanned into
the image file wrapper (IFW) or the
Supplemental Complex Repository for
Examiners (SCORE), as appropriate. In
2011, the USPTO established a one-year
retention policy for patent-related
papers scanned into the IFW or SCORE.
See Establishment of a One-Year
Retention Period for Patent-Related
Papers That Have Been Scanned Into the
E:\FR\FM\02JNN1.SGM
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29572
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices
Image File Wrapper System or the
Supplemental Complex Repository for
Examiners, 77 FR 3745 (Jan. 25, 2012).
After the expiration of the one-year
period, the USPTO disposes of the
paper unless the applicant, patent
owner, or reexamination party timely
files a bona fide request to correct the
electronic record of the paper in IFW or
SCORE. DOCX submissions will be
treated similarly. Therefore, the
procedure to correct any discrepancies
or errors that occur as a result of filing
an application in DOCX format will
align with the established procedure for
an applicant, patent owner, or
reexamination party to request
corrections to the electronic record
when there is an error caused by the
USPTO in scanning papers into the
IFW.
Applicants should promptly review
the electronic record of an application
and file any request to correct the
electronic record based on the source or
evidentiary copy as soon as possible
after the document has been submitted
to the USPTO. Applicants should not
expect to have a request to correct the
electronic record granted if the request
is based on the source or evidentiary
copy and it is filed more than one year
after submission of the document.
Documents submitted by applicants in
PDF or DOCX in patent applications
will be treated in a similar manner to
papers that have been scanned into the
IFW in that they may be disposed of
after a period of time if they are the
source or evidentiary copy.
The USPTO’s procedures regarding
national security classified documents
are unaffected by this notice. National
security classified documents must be
filed in the USPTO in paper format via
hand-delivery to Licensing and Review
or by mail in compliance with 37 CFR
5.1(a) and Executive Order 13526 of
December 29, 2009, or in electronic
format via the Department of Defense
Secret internet Protocol Router Network
(SIPRNET). See section 115 of the
Manual of Patent Examining Procedure
(MPEP, Ninth Edition, Revision
10.2019). National security classified
documents filed electronically via
SIPRNET are maintained at the USPTO
in paper form; an electronic record of
such documents is not maintained.
Thus, all national security classified
documents filed with the USPTO are
maintained only in paper form, and the
paper copies of these documents are the
source or evidentiary copies.
Andrew Hirshfeld,
Commissioner for Patents, Performing the
Functions and Duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2021–11256 Filed 6–1–21; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RP21–838–000]
Occidental Permian Ltd., OXY USA
WTP LP v. El Paso Natural Gas
Company, LLC; Notice of Complaint
Take notice that on May 24, 2021,
pursuant to Section 5 of the Natural Gas
Act 1 and Rule 206 of the Federal Energy
Regulatory Commission’s (Commission)
Rules of Practice and Procedure, 18 CFR
385.206 (2021), Occidental Permian Ltd.
and OXY USA WTP LP (Complainants)
filed a formal complaint against El Paso
Natural Gas Company, LLC
(Respondent), alleging that the
Respondent’s failure to waive and
imposition of Critical Operating
Condition charges and penalties for the
period February 15, 2021 through
February 17, 2021 is unjust and
unreasonable, unreasonably punitive,
and inconsistent with Commission
policy and precedent, all as more fully
explained in its complaint.
The Complainants certify that copies
of the complaint were served on the
contacts listed for Respondent in the
Commission’s list of Corporate Officials.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. The Respondent’s answer
and all interventions, or protests must
be filed on or before the comment date.
The Respondent’s answer, motions to
intervene, and protests must be served
on the Complainant.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
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Fmt 4703
Sfmt 4703
the ‘‘eFiling’’ link at https://
www.ferc.gov. Persons unable to file
electronically may mail similar
pleadings to the Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand
delivered submissions in docketed
proceedings should be delivered to
Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland
20852.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov, or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Comment Date: 5:00 p.m. Eastern
Time on June 14, 2021.
Dated: May 26, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021–11577 Filed 6–1–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Docket Number: PR21–47–000.
Applicants: Columbia Gas of
Maryland, Inc.
Description: Tariff filing per
284.123(b), (e)/: CMD Rates Effective
May 1 2021 to be effective 5/1/2021.
Filed Date: 5/24/2021.
Accession Number: 202105245095.
Comments/Protests Due: 5 p.m. ET 6/
14/2021.
Docket Number: PR21–48–000.
Applicants: Columbia Gas of Ohio,
Inc.
Description: Tariff filing per
284.123(b), (e)/: COH Rates Effective
April 29 2021 to be effective 4/29/2021.
E:\FR\FM\02JNN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Notices]
[Pages 29571-29572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11256]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2021-0010]
Submitting Patent Applications in Structured Text Format and
Reliance on the Text Version as the Source or Evidentiary Copy
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is in
the process of transitioning to a system that supports submitting new
patent applications in structured text, specifically DOCX format.
Filing in structured text allows applicants to submit their
specifications, claims, and abstracts in text-based format, thereby
eliminating the need for applicants to convert applications into a PDF
for filing. It also provides a flexible format with no template
constraints and improves data quality by supporting original formats
for chemical formulas, mathematical equations, and tables. The USPTO
previously stated that for applications filed in DOCX, the
authoritative document would be the accompanying PDF that the USPTO
systems generate from the DOCX document. In response to public
feedback, however, the USPTO now considers the DOCX document filed by
the applicant to be the authoritative document. Accordingly, an
applicant who files or has filed an application in DOCX may rely on
that version as the source or evidentiary copy of the application to
make any corrections to the documents in the application file. The
USPTO will be hosting DOCX training sessions to provide more
information, demonstrate how to file and retrieve DOCX files in Patent
Center, EFS-Web, and PAIR, and answer any questions. Applicants can
also file test submissions through Patent Center training mode to
practice filing in DOCX. In addition, we will be offering listening
sessions to gather feedback and suggestions to further improve DOCX
features.
DATES: Effective date: June 2, 2021.
FOR FURTHER INFORMATION CONTACT: Mark O. Polutta, Senior Legal Advisor,
571-272-7709, or Eugenia A. Jones, Senior Legal Advisor, 571-272-7727,
of the Office of Patent Legal Administration, Office of the Deputy
Commissioner for Patents.
For technical questions related to submitting documents in DOCX
format, please contact the Patent Electronic Business Center (EBC) at
1-866-217-9197 (toll-free), 571-272-4100 (local), or [email protected]. The
EBC is open from 6 a.m. to midnight, ET, Monday through Friday.
SUPPLEMENTARY INFORMATION: The USPTO is in the process of transitioning
to a system that supports submitting new patent applications in
structured text, specifically DOCX format. Application documents
submitted in DOCX format will facilitate the examination and
publication processes. This notice provides information on structured
text filing. Specifically, the USPTO now considers the DOCX documents
filed by applicants to be the authoritative document, otherwise
referred to as the source or evidentiary copy of the application, for
purposes of determining the content of the application as originally
filed, should a discrepancy be discovered. This notice does not require
patent applicants to make any changes to their practices.
Currently, applicants may electronically file an application either
by submitting PDF files or by submitting DOCX files. If an applicant
submits DOCX files, the USPTO uses the DOCX files to generate PDF files
prior to the actual filing of the application. The USPTO published a
final rule on setting and adjusting patent fees on August 3, 2020. See
Setting and Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932
(Aug. 3, 2020). In addition to establishing a fee for applications not
submitted in a DOCX format, the response to comment 54 in the final
rule stated that for applications filed in DOCX, the authoritative
document will be the accompanying PDF that the USPTO systems generate
from the DOCX document. See id. at 46957.
In response to public feedback, the USPTO has changed what will be
the authoritative document. The USPTO is informing applicants that it
now considers the DOCX documents filed by applicants to be the
authoritative document, otherwise referred to as the source or
evidentiary copy of the application. This change applies to all patent
documents submitted in DOCX format, including DOCX submissions made
prior to this notice.
The source or evidentiary copy of the application is the version
submitted to the USPTO by the applicant in one of the following
formats: Paper, DOCX, or PDF when not accompanied by a DOCX version of
the same. Applicants should not submit PDF versions they created when
filing an application in DOCX, as they are unnecessary. If the
applicant submits documents in DOCX along with PDF versions they
created (not the auto-generated PDFs created by the USPTO), then the
DOCX version will still be considered the source or evidentiary copy,
and the applicant will be required to pay the non-DOCX surcharge fee.
Applicants can rely on the DOCX version as the source or
evidentiary copy in order to make any corrections to the record when
any discrepancies are identified between the source or evidentiary copy
and the documents as converted by the USPTO. Accordingly, during the
filing process, applicants will be advised to review the DOCX files
before submission rather than reviewing the USPTO-generated PDF
version, as set forth in the August 3, 2020, final rule.
However, applicants are advised to check the USPTO-generated
versions as soon as practicable for any discrepancies or errors. Any
discrepancies or errors that occur as a result of filing an application
in DOCX format should be promptly brought to the attention of the
USPTO. Applicants should initially contact the Patent EBC for
investigation at 1-866-217-9197 (toll-free), 571-272-4100 (local), or
[email protected]. Depending on the situation, applicants may need to file
a petition under 37 CFR 1.181 in order to have the issue reviewed and
addressed. This is consistent with current USPTO procedures for
documents filed in patent applications.
In this regard, the USPTO has a records retention schedule for
documents it receives, including new patent applications and
correspondence filed in patent applications. For example, applications
filed in paper via mail or hand-delivery are scanned into the image
file wrapper (IFW) or the Supplemental Complex Repository for Examiners
(SCORE), as appropriate. In 2011, the USPTO established a one-year
retention policy for patent-related papers scanned into the IFW or
SCORE. See Establishment of a One-Year Retention Period for Patent-
Related Papers That Have Been Scanned Into the
[[Page 29572]]
Image File Wrapper System or the Supplemental Complex Repository for
Examiners, 77 FR 3745 (Jan. 25, 2012). After the expiration of the one-
year period, the USPTO disposes of the paper unless the applicant,
patent owner, or reexamination party timely files a bona fide request
to correct the electronic record of the paper in IFW or SCORE. DOCX
submissions will be treated similarly. Therefore, the procedure to
correct any discrepancies or errors that occur as a result of filing an
application in DOCX format will align with the established procedure
for an applicant, patent owner, or reexamination party to request
corrections to the electronic record when there is an error caused by
the USPTO in scanning papers into the IFW.
Applicants should promptly review the electronic record of an
application and file any request to correct the electronic record based
on the source or evidentiary copy as soon as possible after the
document has been submitted to the USPTO. Applicants should not expect
to have a request to correct the electronic record granted if the
request is based on the source or evidentiary copy and it is filed more
than one year after submission of the document. Documents submitted by
applicants in PDF or DOCX in patent applications will be treated in a
similar manner to papers that have been scanned into the IFW in that
they may be disposed of after a period of time if they are the source
or evidentiary copy.
The USPTO's procedures regarding national security classified
documents are unaffected by this notice. National security classified
documents must be filed in the USPTO in paper format via hand-delivery
to Licensing and Review or by mail in compliance with 37 CFR 5.1(a) and
Executive Order 13526 of December 29, 2009, or in electronic format via
the Department of Defense Secret internet Protocol Router Network
(SIPRNET). See section 115 of the Manual of Patent Examining Procedure
(MPEP, Ninth Edition, Revision 10.2019). National security classified
documents filed electronically via SIPRNET are maintained at the USPTO
in paper form; an electronic record of such documents is not
maintained. Thus, all national security classified documents filed with
the USPTO are maintained only in paper form, and the paper copies of
these documents are the source or evidentiary copies.
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-11256 Filed 6-1-21; 8:45 am]
BILLING CODE 3510-16-P
