What is the receipt date for facsimile transmissions to the USPTO?
The receipt date for facsimile transmissions to the USPTO is determined according to specific rules outlined in MPEP 502.01:
The date of receipt accorded to any correspondence permitted to be sent by facsimile transmission, including a continued prosecution application (CPA) filed under 37 CFR 1.53(d), (available for design applications only) is the date the complete transmission is received by an Office facsimile unit, unless the transmission is completed on a Saturday, Sunday, or Federal holiday within the District of Columbia.
If the transmission is completed on a weekend or federal holiday in DC, the receipt date will be the next business day. For example, if a fax is completed at 9:05 p.m. Pacific time on a Friday, it would be received around 12:05 a.m. Eastern time on Saturday. The receipt date would then be the following Monday (assuming it’s not a federal holiday).
It’s important to note that the Certificate of Transmission under 37 CFR 1.8 can be used for certain documents to consider them timely filed on the date of transmission, even if received later by the USPTO.
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