USPTO Opens 30-Day Comment Window on Its Non-DOCX Patent Filing Surcharge
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Applicants who still file US utility patent applications as PDFs have a chance to tell the government what that costs them. In a Federal Register notice published on 30 October 2026, the United States Patent and Trademark Office (USPTO) said it is forwarding information collection 0651-0089, titled "DOCX Submission Requirements", to the White House budget office (OMB) for renewal. Comments are due on or before 30 November 2026 through reginfo.gov.
The collection concerns the surcharge in 37 CFR 1.16(u), in force since 17 January 2024. It applies to original filings made under section 111 of the US patent statute whose specification, claims or abstract are not submitted in DOCX format. Design, plant and provisional applications are exempt, but continuing applications are covered. The fee itself was set in the USPTO's 2020 fee-setting rule.
This is the second round of comment. A 60-day request first ran in the Federal Register on 27 April 2026. The current burden estimate counts the surcharge plus about 30 extra minutes per filing, partly to allow for extra checking that some filers may do when they switch to DOCX.
The notice also points to the USPTO's help resources: Patent Center guides, a DOCX quick-start guide, a training mode for test submissions, free training sessions and videos, and one-on-one support.
Why it matters for foreign filers. Many applications from Asia, including Indonesia, reach the USPTO through local firms and US associates who prepare the papers in different word processors. Formatting errors in conversion can trigger the surcharge or, worse, change the text. Firms that file through US counsel should confirm who checks the converted DOCX text before submission.
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