USPTO Insists on DOCX for Patents or You'll Pay Extra Fees
Published Date: 4/27/2026
Notice
Summary
The USPTO is asking for public comments on updating their rules about submitting patent applications in DOCX format. If your patent application isn’t in DOCX, you might have to pay a fee starting from January 2024. Comments are open until June 26, 2026, so now’s the time to speak up if you’re affected!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Non‑DOCX Patent Filing Surcharge
If you file a nonprovisional utility patent application under 35 U.S.C. 111 (including continuing applications) and it is not submitted in DOCX format, a non‑DOCX filing surcharge applies. The surcharge amounts listed are $430 (undiscounted entity), $172 (small entity), and $86 (micro entity). This surcharge took effect January 17, 2024 and does not apply to design, plant, or provisional applications.
30‑Minute DOCX Filing Time Burden
USPTO estimates that filing an application in DOCX will take about 0.50 hours (30 minutes) of extra time per response instead of paying the non‑DOCX surcharge. The agency estimates total annual respondent burden of 168,922 hours and an estimated hourly cost burden of $75,508,134 using an average billing rate of $447 per hour.
Backup PDF Option and DOCX Training
Since April 2022, applicants filing in DOCX may also submit a back‑up applicant‑generated PDF along with the DOCX file(s) in Patent Center, and the USPTO continues to offer DOCX training sessions at www.uspto.gov. These measures are intended to provide a fair and reasonable transition to the DOCX format.
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Key Dates
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