Can a Certificate of Transmission be used for facsimile submissions in international patent applications?
The use of a Certificate of Transmission for facsimile submissions in international patent applications is limited. According to the MPEP section 1834.01:
“A Certificate of Transmission may be used as provided in 37 CFR 1.8(a)(1) except in the instances specifically excluded in 37 CFR 1.8(a)(2).”
However, it’s crucial to note the following restriction:
“Note particularly that the Certificate of Transmission cannot be used for the filing of an international application for patent or correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority.”
This means that while a Certificate of Transmission can be used for some facsimile submissions, it is not applicable for the initial filing of an international application or for certain correspondence in international applications with specific U.S. authorities.
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