I received the following email message from the US Patent Office. I am frankly surprised at the position being taken by the Patent Office, but I will otherwise not comment on this message.

From: Tina.Fuller@USPTO.GOV
To: 

Subject: e-Filing of Patent Applications
Date: Wed, 28 Nov 2001 06:23:30 -0500

Hi Carl,

The patent office has noticed some postings on your list server regarding the submission of Provisional patent applications as TIFF images using EFS. Please post the following information to your email list server to correct this rumor:

It has been suggested by some that applicants using EFS to file provisional applications may simply scan in the specification as TIFF images and reference them in various sections of the specification using the PASAT authoring tool. This is not the USPTO policy - all submissions must be properly authored in XML format using the PASAT tool. Further, as it is contrary to the instructions for use of EFS, the submission does not constitute a legitimate EFS filing. The submission does not invoke the waiver of regulations per the OG Notice of November 14, 2000, and will not receive a valid Acknowledgement Receipt. The Office is currently reviewing its policies, but rumors of a change from the XML requirement posted on the EFS board are not true at this time.

I appreciate your help on this. If you have any questions, please let me know.

Tina M. Fuller
U.S. Patent & Trademark Office
SIRA/EFS Project
Voice (703) 308-6130
Fax (703) 308-2840
tina.fuller@uspto.gov