What mailing procedures can be used for ex parte reexamination correspondence?

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.

The MPEP outlines two primary mailing procedures that can be used for most ex parte reexamination correspondence:

1. Certificate of Mailing and Transmission (37 CFR 1.8): This procedure can be used for filing any paper in an ex parte reexamination proceeding, except for the initial request for reexamination and a corrected/replacement request.
2. Priority Mail Express® Mailing (37 CFR 1.10): This procedure can be used to file any paper in an ex parte reexamination proceeding.

The MPEP states: “The certificate of mailing and transmission procedures (37 CFR 1.8) may be used to file any paper in an ex parte reexamination proceeding, except for a request for reexamination and a corrected/replacement request for reexamination.”

For more details on these procedures, refer to MPEP § 512 for certificate of mailing and MPEP § 513 for Priority Mail Express® mailing.