USPTO Proposes Limits on Facsimile Submissions and Minimum Twelve Point Font Size on Non-USPTO Forms

On August 6, 2008, the United States Patent and Trademark Office (Office) proposed new rules to limit the types of correspondence that may be submitted to the Office by facsimile, and to increase minimum font size to 12 point for use on papers submitted to the Office for a patent application, patent or reexamination proceeding. Written comments must be received on or before October 6, 2008. No public hearing will be held.

Specifically, any correspondence that can be submitted via EFS–Web would no longer be accepted via facsimile transmission. Similarly, any type of patent or trademark correspondence that can be submitted via the Office’s Electronic Patent Assignment System (EPAS), and Electronic Trademark Assignment System (ETAS), such as assignment documents submitted for recording in Assignment Services Division, would no longer be permitted to be submitted via facsimile transmission. Applicants, third party requesters, and patent owners would also be requitred: (1) To utilize a facsimile transmission number identified by the Office for a particular type of correspondence, i.e., the submission must be transmitted directly to the area of the Office appropriate to receive the transmission at its identified transmission number, or otherwise the transmission would not be effective; and (2) to limit each submission made via facsimile transmission to one application or other matter before the Office, except for a single submission of multiple patent maintenance fee payments or requests for refunds thereof.

With regard to fonts size, it is proposed to: (1) Increase the mandatory minimum font size where the font must have capital letters no smaller than 0.28 cm (0.11 inch) high (e.g., a font size of 12 point in Times New Roman); (2) establish that the newly proposed font size requirement applies to prosecution papers (specification, including the claims and abstract, drawings, and oath or declaration, reexamination request, any amendments or correction(s)) and any remarks, petitions, requests, affidavits or other papers submitted during prosecution of an application or a reexamination proceeding; (3) clarify that the proposed font size requirement does not apply to pre-printed information on paper forms provided by the Office or the copy of the patent submitted on paper in double column format as the specification in a reissue application or request for reexamination; and (4) clarify that papers submitted electronically that are to become part of the patent application or reexamination file must be readily legible.

For official information, contact Hiram H. Bernstein ((571) 272–7707), Senior Legal Advisor, or Raul Tamayo, Legal Advisor, ((571) 272–7728), USPTO Office of Patent Legal Administration, Office of Deputy Commissioner for Patent Examination Policy.