What is the purpose of a certificate of mailing or transmission in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 purpose of a certificate of mailing or transmission in patent applications is to provide evidence of timely filing when correspondence is not received by the USPTO or is received late. As stated in MPEP 512:

The Certificate of Mailing or Transmission procedure does not apply to papers mailed in a foreign country.

This procedure allows applicants to prove that they submitted their correspondence on time, even if it’s delayed or lost in transit.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 512 - Certificate of Mailing or Transmission Patent Law Patent Procedure
Tags: Certificate Content, Certificate General, exceptions, Identifying Application, Reexam Certificate