Can the mailing date on a USPTO Office action be different from the date it was written?
Yes, the mailing date on a USPTO Office action can be, and often is, different from the date it was written. This is evident from the procedure described in MPEP 707.11:
“The mailing date should not be typed when the Office action is written, but should be stamped or printed on all copies of the action after it has been signed by the authorized signatory examiner and the copies are about to be mailed.”
This procedure allows for a time gap between when an Office action is written and when it is actually mailed. The mailing date reflects the date the action is sent out, not the date it was composed or signed. This distinction is important for accurate calculation of response deadlines and other time-sensitive matters in the patent examination process.
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