Patent Law FAQ

If you’ve misused a Certificate of Mailing or Transmission, it’s important to address the issue promptly and honestly. The USPTO takes the integrity of these certificates seriously. The MPEP states:

Misuse of a Certificate of Mailing under 37 CFR 1.8 or improperly claiming the benefit of 37 CFR 1.10 which appears to be more than a one-time, inadvertent error should be brought to the attention of the Office of Enrollment and Discipline.

If the misuse was a one-time, inadvertent error, you should:

1. Notify the USPTO as soon as you become aware of the error.
2. Provide a full explanation of the circumstances.
3. If possible, submit the correct documentation or information.
4. Be prepared for the possibility that your submission may be considered late, which could have consequences for your application or proceeding.

For repeated or intentional misuse, the matter may be referred to the Office of Enrollment and Discipline, which could result in more serious consequences. It’s always best to use Certificates of Mailing or Transmission carefully and honestly to maintain the integrity of the patent application process.