SUPPLEMENTARY INFORMATION:

On September 11, 2025, the USPTO published on its website an updated legal framework for its Patent Electronic System. The updated legal framework is available at www.uspto.gov/​PatentLegalFramework. The updated legal framework defines the USPTO patent electronic filing system requirements in accordance with 37 CFR 1.6(a)(4), and provides guidance for the relevant statutes, regulations, and policies that support the USPTO's Patent Electronic System. The updated legal framework supersedes all prior versions of the legal framework. Section 502.05 of the Manual of Patent Examining Procedure will be revised in due course. The following is a brief summary of the major differences introduced by the updated legal framework:

1. Section B has been revised to require registration to use the Patent Electronic System. Section B has also been revised to clarify that third-party documents are prohibited from being filed in applications via the Patent Electronic System, unless specifically authorized and the special dedicated electronic interface, if provided, is used so that information is not directly placed into the application file.

2. Section C has been revised to clarify that the USPTO may identify an alternative electronic filing procedure, if designated by the Director, for new applications, national stage submissions under 35 U.S.C. 371, and/or other patent filings, during an unplanned outage of Patent Center. If an alternative procedure is not indicated, applicants ( printed page 44051) then should follow the procedure for filing applications as previously set forth. See Filing Patent Applications Electronically During Designated Significant Outages of the United States Patent and Trademark Office Electronic Business Systems, 83 FR 44264 (August 30, 2018).

3. Section D has been revised to clarify that patent applications filed in DOCX format will be validated, and applicants will be provided relevant feedback concerning the format of their applications. Applications filed in DOCX format avoid the non-DOCX surcharge.

4. Section E has been revised to specify that all Patent Electronic System users must be registered users and that users may complete the verification process by mailing the paper verification form, completing the ID.me verification process, or by other methods designated by the Director.

5. Section L has been revised to provide that applications filed on or after July 1, 2022, that disclose a nucleotide and/or amino acid sequence as defined in 37 CFR 1.831, including applications claiming the benefit of, or priority to, an application filed before July 1, 2022, containing a sequence listing, must contain a computer readable sequence listing in XML format (“Sequence Listing XML”) in accordance with 37 CFR 1.831 through 1.835.

6. Section O has been added to provide that effective May 24, 2024, plant applications, including drawings or photographs, fees, and follow-on documents, may be filed via the Patent Electronic System.

90 FR 44050