By Donald Zuhn —

In a Patents Alert e-mail
distributed last month, the U.S. Patent and Trademark Office announced that it
was examining ways to modernize electronic filing.  One proposal, Text2PTO, would allow
applicants to submit applications in a text format.  According to the Office's Alert, by
submitting a text version of the application, applicants could use a validation
wizard during the submission process to assure that any formatting (such as
tracked changes) and private information are not part of the file, and that
application parts can be recognized.  Applicants
could also run an optional analytics report to identify any errors in claims
numbering and ensure that the abstract length is correct.  In order to define and design the Text2PTO
process so that it is user-friendly and best fits customer needs, the Office is
seeking online filers to assist in gathering requirements, creating functional
designs, and evaluating product releases. 
The Office will also be holding focus sessions to discuss the proposed process
changes.  Online filers interested in
participating in the process are being asked to send an e-mail to efilingmodernization@USPTO.GOV.

USPTO Director David Kappos
provided additional information regarding the Text2PTO proposal on his
Director's Forum blog.  The Director explains that under the new
process, applicants would compose their applications using the same word
processing software that they currently use, and then instead of converting the
file to PDF format, would simply upload the text file to the USPTO.  By submitting a text-based document instead
of a PDF, the Director notes that applicants will be able to retrieve a copy of
the document from the USPTO at any time throughout prosecution, facilitating
review and/or amendment.  In addition, a
Text2PTO amendment validation tool will allow applicants to generate properly
formatted mark-up language based on the types of changes made to the document.  The Office expects the Text2PTO to provide
significant cost savings by eliminating the need to scan, OCR, and error-correct
incoming patent applications, and the Director indicates that such cost savings
would be passed on to applicants through filing fee discounts for applications
submitted through Text2PTO.

The Office is also looking
at replacing its current fee collection system.  As it kicks off its fee collection system
replacement effort, the Office will be conducting a number of outreach efforts,
including focus sessions, to solicit user input.  Those interested in providing feedback are
being asked to send their contact information; status as (1) individual pro se
inventor or applicant, (2) in-house counsel, (3) law firm attorney
practitioner, or (4) legal assistant or administrator; and approximate number
of patent and/or trademark applications filed per year to fpng@uspto.gov.