Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 500 - Receipt and Handling of Mail and Papers (3)
The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:
- Mail (except Priority Mail Express®)
- Facsimile
- EFS-Web
- Hand-carried to the Customer Service Window
As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.
If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
MPEP 505 - Date of Receipt Stamp (3)
The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:
- Mail (except Priority Mail Express®)
- Facsimile
- EFS-Web
- Hand-carried to the Customer Service Window
As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.
If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
Patent Law (3)
The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:
- Mail (except Priority Mail Express®)
- Facsimile
- EFS-Web
- Hand-carried to the Customer Service Window
As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.
If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
Patent Procedure (3)
The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:
- Mail (except Priority Mail Express®)
- Facsimile
- EFS-Web
- Hand-carried to the Customer Service Window
As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.
If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.