Practitioners have been running into a frustrating quirk with Patent Center when uploading inventor oaths and declarations, like form AIA/01.
The uploaded file sometimes appears in the official record as completely blank. The problem stems from the way fillable PDF forms are handled in Patent Center’s imaging system. If the file still contains dynamic form fields when submitted, the text can drop out during the flattening process, leaving the Office with what looks like an unsigned, empty oath.
The consequences of this glitch can be serious. The Office of Patent Application Processing may issue a Notice to File Missing Parts, treating the application as if no oath or declaration had been filed. That notice comes with a deadline to correct the deficiency and requires payment of the missing-parts surcharge fee. In addition, if you requested accelerated handling, a blank oath can result in outright denial or dismissal of the request because the required documents were not technically present at filing. In other words, a simple PDF issue can end up costing both time and money.
Fortunately, the issue is preventable. Before uploading, always flatten the form so that the field entries become permanent text. The easiest method is to open the completed form and use the “Print to PDF” function to generate a clean, static copy. Upload that version to Patent Center, then preview the document in the viewer before you submit. If the preview shows a blank page, remove the file and try again with a properly flattened version. Taking these extra steps ensures that the oath data is embedded into the file and preserved in the record.
If you already filed a blank oath, the situation can still be salvaged. The safest immediate action is to file a corrected, flattened oath to cure the record. At the same time, contact the USPTO’s Electronic Business Center at EBC@uspto.gov. In some cases, the EBC can extract the data from the original source file, or at least advise on the most efficient way to proceed. If a Notice to File Missing Parts has already been issued, you will need to respond within the set deadline and pay the applicable surcharge to avoid abandonment. For dismissed acceleration requests, you may also consider filing a petition to reinstate once the record is corrected.
The lesson here is simple but important. Double check all your upload files to ensure they appear accurate. By taking a few minutes at filing, you can avoid costly notices, surcharges, and the frustration of seeing valuable time lost on an application you intended to accelerate. If you need assistance to prevent or cure this issue, please contact My Patent Guys today.