Can I use a certificate of mailing for a Notice of Foreign Filing?
Yes, you can use a certificate of mailing or transmission under 37 CFR 1.8 for a Notice of Foreign Filing. This is explicitly stated in MPEP 1124.
According to MPEP 1124:
“Since the notice of foreign filing is required by the statute, the benefit of a certificate of mailing or transmission under 37 CFR 1.8 will be given to a notice of foreign filing. See 37 CFR 1.8(a). Form PTO/SB/36 includes a certificate of mailing.”
This means that if you use a certificate of mailing or transmission, the date of mailing or transmission will be considered the date of receipt by the USPTO. This can be particularly helpful if you’re close to the 45-day deadline for filing the Notice of Foreign Filing.
It’s important to note that the certificate of mailing or transmission must comply with all requirements of 37 CFR 1.8 to be considered valid.
To learn more: