2026-22193NoticeWallet

USPTO Wants Feedback on Patent Filings in DOCX Format

Published Date: 10/30/2026

Notice

Summary

The United States Patent and Trademark Office (USPTO) is asking for public feedback on its DOCX submission rules, which affect anyone filing patent applications. They want to make sure the process is smooth and not too much work for applicants. Comments are open until November 30, 2026, so don’t miss your chance to weigh in!

Analyzed Economic Effects

4 provisions identified: 1 benefits, 2 costs, 1 mixed.

Applicants must choose time or surcharge

The USPTO states applicants will either spend an extra 0.50 hours to file in DOCX or they will pay the non‑DOCX surcharge; respondents will not both spend the extra time and pay the surcharge. The information collection uses estimates tied to 364,999 annual respondents, 168,922 annual burden hours, and an estimated $8,472,290 total annual non‑hourly cost burden.

Non-DOCX filing surcharge applies

If you file a nonprovisional utility patent application under 35 U.S.C. 111 that is not submitted in the USPTO's DOCX format, you must pay the non‑DOCX filing surcharge established by 37 CFR 1.16(u). This surcharge rule has been in effect since January 17, 2024, and does not apply to design, plant, or provisional applications.

Filing in DOCX adds 30 minutes

If you file your nonprovisional utility application in DOCX, the USPTO estimates you will spend an extra 30 minutes (0.50 hours) for additional review and for optionally submitting a backup applicant-generated PDF. The USPTO estimates the time per DOCX response as 0.50 hours.

USPTO provides free DOCX help and training

The USPTO offers free resources to help you file in DOCX, including Patent Center pages, FAQs, a training mode for test submissions, a Patent Center User Guide, a DOCX Quick Start Guide, training sessions and videos, and one-on-one help via the Patent Center Help Desk.

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Key Dates

Effective Date
Published Date
Comments Due
1/17/2024
10/30/2026
11/30/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
Patent and Trademark Office
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