How can I ensure my corrected assignment documents are considered timely submitted?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
To ensure your corrected assignment documents are considered timely submitted, the USPTO provides two methods as outlined in MPEP 317.02:
- Use the certification procedure under 37 CFR 1.8 (see MPEP § 512)
- Use the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513)
The MPEP states:
“The certification procedure under 37 CFR 1.8 (see MPEP § 512) or the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513) may be used for resubmissions of returned papers to obtain the benefit of the date of deposit in the United States Postal Service to establish that the papers were returned within the time period specified.”
By using either of these methods, you can establish that your corrected documents were submitted within the specified time period, thus maintaining the original receipt date as the recording date of the document.