Top of Notices Top of Notices   (367)  December 27, 2022 US PATENT AND TRADEMARK OFFICE Print This Notice 1505 CNOG  2601 

PAIR, EFS-Web, Electronic Submission Referenced Items (350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373)
(367)              Retirement of Electronic Filing System -
                         Application Body Extensible
                        Markup Language (EFS-ABX) and
                           Electronic Packaging and
                     Validation Engine (ePAVE) Components

   Since October 2000, the Office has provided Extensible Markup Language
(XML) based electronic filing software including two client-side
components. Those components are: (1) EFS-ABX for patent application
specification authoring, and (2) ePAVE for form generation, validation, and
submission to the Office. However, EFS-ABX and ePAVE have not been widely
adopted by the patent community. Accordingly, in March 2006, the Office
introduced EFS-Web, which is a web-based electronic filing system through
which applicants transmit application documents in Portable Document Format
(PDF). EFS-Web has been much more widely adopted than the XML-based
solution. Further, EFS-Web filings are simpler for the Office to process
than XML filings submitted through ePAVE. Accordingly, the Office will
retire EFS-ABX and ePAVE on November 1, 2006.

   An upgraded version of the EFS-Web electronic filing system will be
deployed on October 14, 2006. The upgrade will for the first time provide
users with the ability to electronically file through EFS-Web sequence
listings, computer program listings, and tables as well as the following
four types of eighteen-month publication documents:

   1. copies of amended versions of patent applications submitted
for publication under 37 CFR 1.215(c);

   2. copies of redacted versions of patent applications submitted
for publication under 37 CFR 1.217(b);

   3. copies of patent applications submitted for early
publication under 37 CFR 1.219; and

   4. copies of patent applications submitted for voluntary
publication or republication under 37 CFR 1.221(a).

   Once EFS-ABX and ePAVE are retired on November 1, 2006, users will no
longer be able to submit any documents through ePAVE and thus will not have
the option of complying with Office electronic filing system requirements
by electronically submitting documents via ePAVE. However, the upgraded
version of EFS-Web that will be deployed October 14, 2006, supports the
filing of all types of documents that could previously be filed through
ePAVE with the exception of assignment documents. Accordingly, beginning
November 1, 2006, users will only be able to electronically file assignment
documents through the Electronic Patent Assignment System (ePAS). Users
should especially note that the four types of eighteen-month publication
documents listed above, which prior to the deployment of the upgraded
version of EFS-Web on October 14, 2006, can only be filed through ePAVE,
will have to be submitted via the EFS-Web electronic filing system
beginning November 1, 2006 when EFS-ABX and ePAVE are retired. In addition,
any documents electronically filed through the Office electronic filing
system including any sequence listings, computer program listings, or
tables will also be required to be submitted via EFS-Web beginning November
1, 2006.

   Users are reminded that 37 CFR 1.52(f)(2) provides that the paper size
equivalent of the specification and drawings of an application submitted
via the Office electronic filing system will be considered to be
seventy-five percent of the number of sheets of paper present in the
specification and drawings of the application when entered into the Office
file wrapper after being rendered by the Office electronic filing system
for purposes of determining the application size fee required by 37 CFR
1.16(s). Further, any sequence listing in compliance with 37 CFR 1.821(c)
or (e), and any computer program listing in compliance with 37 CFR 1.96,
Top of Notices Top of Notices   (367)  December 27, 2022 US PATENT AND TRADEMARK OFFICE 1505 CNOG  2602 

submitted via the Office electronic filing system will be excluded when
determining the application size fee required by 37 CFR 1.16(s) if the
listing is submitted in ASCII text as part of an associated file.

   For further information please contact one of the individuals identified
below:

   DON LEVIN
   Search and Information Resources Administration
   US Patent and Trademark Office
   571-272-3785
   don.Levin@uspto.gov

   or

   LISA TITCOMB
   Search and Information Resources Administration
   US Patent and Trademark Office
   571-272-5723
   lisa.Titcomb@uspto.gov


September 28, 2006                                             KRISTIN VAJS
                                                       Acting Administrator
                                                     Search and Information
                                                   Resources Administration
                                      Office of the Deputy Commissioner for
                                              Patent Resources and Planning

                                 [1311 OG 155]