EFS-Web Contingency FAQs
FAQs
- What is EFS-Web Contingency?
- Can I submit follow-on documents via EFS-Web Contingency?
- What if I mistakenly file a follow-on document as a new application via EFS-Web Contingency?
- Do I need a Digital Certificate to access EFS-Web Contingency?
- Does EFS-Web Contingency provide the same level of security as EFS-Web?
- Can I use my Customer Number while filing via EFS-Web Contingency?
- Will I still receive an acknowledgement receipt after an EFS-Web Contingency submission?
- Will my PDF files still be validated?
- Can I submit online fee payments via EFS-Web Contingency?
- Can I access my Saved Submissions via EFS-Web Contingency?
- Can I file a test application via EFS-Web Contingency?
- Can I file using EFS-Web Contingency at anytime?
- Could EFS-Web Contingency experience a system outage?
- Why can't I file in EFS-Web Contingency during scheduled EFS-Web outages?
What is EFS-Web Contingency?
To increase the availability of its patent electronic filing system, the USPTO has established a contingency option for applicants to e-file new applications when the main portal to EFS-Web is unavailable due to an unscheduled system outage.
Can I submit follow-on documents via EFS-Web Contingency?
Currently, EFS-Web contingency does not permit follow-on fee payments and most follow-on documents (e.g., amendments and replies to Office actions) filed after the initial submission of the application.
What if I mistakenly file a follow-on document as a new application via EFS-Web Contingency?
When an applicant improperly files a follow-on document as a new application via EFS-Web Contingency (or EFS-Web) and requests the USPTO to move the follow-on document to the appropriate application, a petition under 37 CFR 1.182 accompanied by the petition fee will be required.
Do I need a Digital Certificate to access EFS-Web Contingency?
No. Users do not need a digital certificate to access EFS-Web Contingency. This portal provides an identical user interface and equivalent functionality as Unregistered EFS-Web.
Does EFS-Web Contingency provide the same level of security as EFS-Web?
Yes. EFS-Web Contingency is protected with the same level of security as EFS-Web Unregistered by using Transport Layer Security (TLS) to encrypt transmission over the Internet.
Can I use my Customer Number while filing via EFS-Web Contingency?
Yes. Users can type in the desired Customer Number to designate the application’s correspondence address. The dropdown list of Customer Number that is displayed in EFS-Web for Registered e-filers will not be available in EFS-Web Contingency. And the correspondence address associated with the Customer Number entered will not be displayed in EFS-Web Contingency. Users are advised to double-check the Customer Number entered in EFS-Web Contingency to confirm it is accurate.
Will I still receive an acknowledgement receipt after an EFS-Web Contingency submission?
Yes. EFS-Web Contingency will continue to provide an Electronic Acknowledgement Receipt that establishes the date of receipt by the UPSTO of a new application.
Will my PDF files still be validated?
Yes. Documents filed in EFS-Web Contingency must meet the same file format requirements established for EFS-Web, e.g., file size and PDF embedded-font requirements. The same file validation performed in EFS-Web will also be performed in EFS-Web Contingency.
Can I submit online fee payments via EFS-Web Contingency?
Applicants can submit online fee payments by selecting fees on the fee calculation screen and completing their payment at time of submission (i.e., chose the "Yes! I want to pay now" button rather than "No - I will pay later" button).
Can I access my Saved Submissions via EFS-Web Contingency?
No. Registered e-filers who have uploaded documents to a Saved Submission package in EFS-Web will not be able to access those Saved Submission documents in EFS-Web Contingency.
Can I file a test application via EFS-Web Contingency?
No. EFS-Web Contingency is a production system and a submitted application will be processed as if it was filed through our primary EFS-Web system. Users are advised that the USPTO may revoke a user's digital PKI certificate or block a user's IP address if the user makes an improper submission through EFS-Web or EFS-Web Contingency.
Can I file using EFS-Web Contingency at anytime?
EFS-Web Contingency is intended to be used when the primary portal to EFS-Web has an unscheduled outage. We strongly encourage applicants to file as a registered user to take advantage of the full features of EFS-Web. However, EFS-Web Contingency will be available to applicants 24x7 except for scheduled outages and other shared system resource outages.
Could EFS-Web Contingency experience a system outage?
While we do not expect EFS-Web Contingency to experience any system outages, there may be rare instances when shared resources (i.e., USPTO network, RAM and PALM) are unavailable resulting in a partial or complete loss of service. If the RAM (Revenue Accounting Management) system is unavailable, neither EFS-Web nor EFS-Web Contingency will be able accept online payment in real-time. If the PALM (Patent Application Location Monitoring) system is unavailable, neither EFS-Web nor EFS-Web Contingency can complete validation in PALM and thus national stage 35 U.S.C 371 applications cannot be accepted. Users are strongly advised to transmit their electronic filings sufficiently early in the day to allow time for alternative paper filing when transmission cannot be initiated or correctly completed in EFS-Web nor EFS-Web Contingency.
Why can't I file in EFS-Web Contingency during scheduled EFS-Web outages?
EFS-Web and EFS-Web Contingency share a common backend system. During scheduled maintenance activities, both EFS-Web and EFS-Web Contingency need to be brought offline to properly complete system maintenance.
