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

[Richard Schafer]

I would truly love to see someone bring that case.

I’m hoping that Margaret is wrong, however. Surely even the PTO couldn’t be that stupid.

Best regards,
Richard A. Schafer | Schafer IP Law
P.O. Box 230081 | Houston, TX 77223
M: 832.283.6564 | richard at schafer-ip.com<mailto:richard at schafer-ip.com>

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Dan Feigelson via Patentpractice
Sent: Thursday, February 1, 2024 4:04 PM
To: For bug reports, feature requests, and tips and tricks about Patent Center. <patentcenter at oppedahl-lists.com>
Cc: Dan Feigelson <djf at iliplaw.com>; For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Subject: Re: [Patentpractice] [Patentcenter] two questions about the dreaded .DOCX situation


I wonder: if someone was willing to pay to fight this, how does the PTO's position re applicant-submitted pdf survive the red-faced test in front of a judge?

"Well, your honor, it's true our software messed up a perfectly good, human-readable document, but that's the applicant's fault, because he didn't follow our procedure and submit something that we were to potentially going to mangle. And the fact that we don't keep an actual copy of anything that's filed (unless it's non-b/w drawings in SCORE) is the applicant's problem."

Dan

On Thu, Feb 1, 2024 at 11:15 PM Margaret Polson via Patentcenter <patentcenter at oppedahl-lists.com<mailto:patentcenter at oppedahl-lists.com>> wrote:
Fun fact, if you try to get your publication fixed “for USPTO error”  your petition will be denied saying that scanning errors cause by your filing a pdf (this is before the surcharge) are not a USPTO error.  (the error was in the claims, clearly material error)

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