Patents

The EFS-Web Contingency System: Now you can file a patent application anytime (almost)

The United States Patent and Trademark Office (“USPTO”) launched its first electronic filing system (“EFS”) pilot program in 1999.  The EFS system has grown in popularity ever since.  Now, anyone with a Web-enabled computer can access the EFS-Web system and can file a patent application, without downloading any special software.

In May 2010, the USPTO announced the immediate availability of the EFS-Web Contingency system.  The EFS-Web Contingency system increases the availability of the EFS-Web system, by being operational when the EFS-Web system is down (a primary portal outage).  The EFS-Web Contingency system is similar to the EFS-Web unregistered system, in that the contingency system offers the same user interface, file format requirements, file validation, Electronic Acknowledgement Receipt, security, and equivalent functionality.

When the EFS-Web system experiences primary portal outage, caused by a system failure and/or an environmental factor (causing a power outage), the USPTO will post a notice of the portal outage and provide the link to the EFS-Web Contingency system.  The system only permits users to sign in as an unregistered EFS-Web user.  Once signed in, the user can file several types of documents, including: (1) provisional patent applications; (2) nonprovisional utility patent applications (including reissue applications); (3) nonprovisional design patent applications (including reissue applications); (4) international applications (under the Patent Cooperation Treaty (“PCT”)) for filing in the U.S. Receiving Office; (5) national stage applications (under PCT) submitted with the basic national fee required; (6) requests for ex parte reexaminations; (7) requests for inter partes reexaminations; (8) petitions to make special based on age; (9) petitions to accept an unintentionally delayed payment of maintenance fees; and (10) petitions to make special under the accelerated examination program.

Although the EFS-Web Contingency system accepts the filing of a wide array of documents, it does not have the system capacity of the standard EFS-Web system.  Some of the system limitations include: not accepting follow-on documents, not accepting follow-on fee payments to an existing patent application, and not being able to access previously saved submissions.  Further, the EFS-Web Contingency system is only available during unexpected primary portal outage, when scheduled outages occur, such as general system maintenance and upgrades, the contingency system is not available.

Additional information regarding the EFS-Web Contingency system can be found at www.uspto.gov/patents/process/file/efs/contingency.jsp

Nick Russell

About Nick Russell

Nick Russell is a project attorney* in the Intellectual Property group at Moore and Van Allen working in the area of federal intellectual property law. Before joining Moore and Van Allen, he clerked for a judge in the Circuit Court of Milwaukee and also worked in the technology commercialization office of a university. Prior to law school, he earned a Master's degree in cellular and molecular biology from the University of Notre Dame, receiving research funding from both Notre Dame and Princeton University. His research has led to published articles in the field of hormone refractory cancers. *Admitted in Wisconsin, Not Admitted in North Carolina.

Discussion

No comments yet.

Leave a comment

Your email address will not be published. Required fields are marked *

Welcome to the MVA IP Law Blog!

Moore & Van Allen’s IP Law Blog covers hot topics in U.S. and international intellectual property law and provides insight into critical litigation, legislative, regulatory and policy developments. In today’s highly competitive and rapidly developing business climate, technological advancements and the protection of intellectual property rights are paramount concerns common to companies, universities, and individuals operating in nearly every industry.

Connect to Recent Authors

  • Matt Witsil:  View Matt Witsil's Bio View Matt Witsil's LinkedIn profile
  • Emmett Weindruch: View Emmett Weindruch's Bio View Emmett Weindruch's LinkedIn profile
  • Todd Taylor:  View Todd Taylor's Bio View Todd Taylor's LinkedIn profile
  • John Slaughter:  View John Slaughter's Bio View John Slaughter's LinkedIn profile
  • Nick Russell:  View Nick Russell's Bio
  • Ellen Rubel:  View Ellen Rubel's Bio View Ellen Rubel's LinkedIn profile
  • Esther Queen:  View Esther Queen's Bio View Esther Queen's LinkedIn profile
  • Steve Phillips:  View Steve Phillip's Bio View Steve Phillip's LinkedIn profile
  • Chuck Moore:  View Chuck Moore's Bio View Chuck Moore's LinkedIn profile
  • Mark Wilson:  View Mark Wilson's Bio View Mark Wilson's LinkedIn profile
  • Chris Knors:  View Chris Knors' Bio View Chris Knors' LinkedIn profile
  • Jeff Gray:  View Jeff Gray's Bio View Jeff Gray's LinkedIn profile
  • Andy Gerschutz:  View Andy Gerschutz's Bio View Andy Gerschutz's LinkedIn profile
  • Jim Edwards:  View Jim Edwards' Bio View Jim Edwards' LinkedIn profile

  • Subscribe to Blog via Email

    Follow MVA

    Facebooktwitterlinkedinrss

    Blog Topics

    Archives


    Our IP Practice

    Moore & Van Allen is located in the Research Triangle and Charlotte, North Carolina – two emerging hubs in the areas of biotech and energy. Moore & Van Allen’s intellectual property lawyers are highly-skilled and innovative in their approach to assisting clients in using patents, trademarks, copyrights, trade secrets and technology to achieve their business objectives.

    Our “business focused” team combines legal know-how with the technical proficiency and industry experience necessary to navigate our clients through matters in areas as diverse as nuclear power, navigation systems, microprocessor design, pollution control, pharmaceuticals, semi-conductor manufacturing, food processing, telecommunications, internet applications, computer software, business methods and consumer products.

    We offer a full range of patent, trademark, and copyright services, and our team is equipped with IP litigators with substantial state, federal, and international experience. To benefit and best serve our clients, we leverage our ongoing working relationships with highly qualified intellectual property practitioners and agents in virtually every country in the world. Read More About Our Practice and Meet the MVA IP Team.

    Disclaimer

    No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Moore & Van Allen or one of its attorneys creates an attorney-client relationship between you and Moore & Van Allen. As a matter of policy, Moore & Van Allen does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. (Moore & Van Allen may, for example, already represent another party involved in your matter.) Accordingly, you should not use this website to provide confidential information about a legal matter of yours to Moore & Van Allen.


    No Legal Advice Intended: This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. (Read All)