[Patentcenter] [Patentpractice] two questions about the dreaded .DOCX situation

Orvis orvispc at gmail.com
Thu Feb 1 10:02:23 EST 2024


As a data point, I have been saved by an incorporation by reference when the PTO destroyed drawings in the conversion process. That was years ago. We now upload to the SCORE database.

It could help.

Feb 1, 2024 9:58:36 AM William Ahmed via Patentpractice <patentpractice at oppedahl-lists.com>:

> Dear List,
> 
> Question A --> 
> 
> Suppose we (i) file the spec in .DOCX for a US non-provisional under 35 USC 111 and 
> (ii) 20 minutes after filing on the DAY of filing, we submit a preliminary amendment in PDF on the day of filing,
> 
> does this  PDF preliminary amendment trigger the .DOCX surcharge?
> 
> Question B [unrelated]--> hypothetically, let's say we file .DOCX without the auxiliary pdf - we would NEVER do that, but let's just say hypothetically.
> 
> Let's assume that this patent application is a CON [parent filed in pdf format] of a published/pending US patent non-provisional application,
> and that on page 1 of the .DOCX spec the CON parent is incorporated by reference.
> 
> The patent grants, and there are problems with the granted patents due to USPTO .DOCX technology issues (e.g. one of the equations is converted
> into block symbols or otherwise downgraded). I have no AUX-PDF to save me in this situation.
> 
> Would the incorporation-by-reference save the situation?
> 
> 
> Thank you,
> Bill
> 
> 
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