MPEP § 317.02 — Correction of Unrecorded Returned Documents and Cover Sheets (Annotated Rules)

§317.02 Correction of Unrecorded Returned Documents and Cover Sheets

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 317.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Correction of Unrecorded Returned Documents and Cover Sheets

This section addresses Correction of Unrecorded Returned Documents and Cover Sheets. Primary authority: 37 CFR 3.51, 37 CFR 1.8, and 37 CFR 1.10. Contains: 1 permission and 3 other statements.

Key Rules

Topic

Certificate of Mailing

4 rules
StatutoryInformativeAlways
[mpep-317-02-8c43e9a6d7869e7b1fadf35b]
Corrected Papers Resubmission Requirement
Note:
If assignment documents are returned, they must be corrected and resubmitted within the specified time to maintain the original receipt date for recording.

Assignment documents and cover sheets, or copies of the same, which are returned by the Assignment Recordation Branch will indicate the original date of receipt by the Office and will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of receipt of the papers as the date of recording of the document. See 37 CFR 3.51. 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. If the returned papers are not corrected and resubmitted within the specified period, the date of receipt of the corrected papers will be considered to be the date of recording of the document. The specified period to resubmit the returned papers will not be extended.

Jump to MPEP Source · 37 CFR 3.51Certificate of MailingPriority Mail ExpressCertificate of Mailing and Transmission
StatutoryPermittedAlways
[mpep-317-02-346949feeaef91b55ae472bf]
Resubmission Using Certificate of Mailing Required
Note:
The rule permits resubmitting returned papers using a certificate of mailing to establish the original submission date within the specified time period.

Assignment documents and cover sheets, or copies of the same, which are returned by the Assignment Recordation Branch will indicate the original date of receipt by the Office and will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of receipt of the papers as the date of recording of the document. See 37 CFR 3.51. 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. If the returned papers are not corrected and resubmitted within the specified period, the date of receipt of the corrected papers will be considered to be the date of recording of the document. The specified period to resubmit the returned papers will not be extended.

Jump to MPEP Source · 37 CFR 3.51Certificate of MailingPriority Mail ExpressCertificate of Mailing and Transmission
StatutoryInformativeAlways
[mpep-317-02-feb64c2bba9e9ac3e790cfe3]
Date of Recording Based on Receipt
Note:
If corrected papers are not resubmitted within the specified period, the date of receipt will be considered the date of recording.

Assignment documents and cover sheets, or copies of the same, which are returned by the Assignment Recordation Branch will indicate the original date of receipt by the Office and will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of receipt of the papers as the date of recording of the document. See 37 CFR 3.51. 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. If the returned papers are not corrected and resubmitted within the specified period, the date of receipt of the corrected papers will be considered to be the date of recording of the document. The specified period to resubmit the returned papers will not be extended.

Jump to MPEP Source · 37 CFR 3.51Certificate of MailingPriority Mail ExpressCertificate of Mailing and Transmission
StatutoryInformativeAlways
[mpep-317-02-0549ecccace5d997cffa97e6]
Resubmission Period Not Extended
Note:
If returned papers are not corrected and resubmitted within the specified period, the date of receipt of the corrected papers will be considered the recording date.

Assignment documents and cover sheets, or copies of the same, which are returned by the Assignment Recordation Branch will indicate the original date of receipt by the Office and will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of receipt of the papers as the date of recording of the document. See 37 CFR 3.51. 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. If the returned papers are not corrected and resubmitted within the specified period, the date of receipt of the corrected papers will be considered to be the date of recording of the document. The specified period to resubmit the returned papers will not be extended.

Jump to MPEP Source · 37 CFR 3.51Certificate of MailingPriority Mail ExpressCertificate of Mailing and Transmission

Citations

Primary topicCitation
Certificate of Mailing37 CFR § 1.10
Certificate of Mailing37 CFR § 1.8
Certificate of Mailing37 CFR § 3.51
Certificate of MailingMPEP § 512
Certificate of MailingMPEP § 513

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31