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 300 - Ownership and Assignment (1)
How is the receipt date determined for faxed assignment documents at the USPTO?
The determination of the receipt date for faxed assignment documents at the USPTO is crucial for establishing priority and effective dates. According to MPEP 302.09:
“The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
This means that:
- The receipt date is when the entire document has been successfully transmitted and received by the USPTO.
- Partial transmissions or incomplete faxes will not establish a receipt date.
- The time zone of the USPTO (Eastern Time) is used for determining the date.
- If a transmission is completed after business hours, the next business day may be considered the receipt date.
It’s important to ensure that the fax transmission is complete and to keep confirmation records of the transmission for your files.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (5)
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.
To learn more:
If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.
The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.
The USPTO has specific rules for handling facsimile transmissions received outside of business hours, as outlined in MPEP 502.01:
Correspondence for which transmission was completed on a Saturday, Sunday, or Federal holiday within the District of Columbia, will be accorded a receipt date of the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that if a facsimile transmission is completed during non-business hours, weekends, or federal holidays, the USPTO will assign it a receipt date of the next business day. For example:
- A fax completed on Friday at 9:05 p.m. Pacific time (12:05 a.m. Saturday Eastern time) would be accorded a receipt date of the following Monday (assuming Monday is not a federal holiday).
- A fax completed on a federal holiday would be accorded a receipt date of the next business day.
It’s important to note that while the actual transmission may occur outside of business hours, the official receipt date will always be a business day. This can be crucial for meeting deadlines and calculating time-sensitive patent-related actions.
To learn more:
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
MPEP 505 - Date of Receipt Stamp (3)
If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.
The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Patent Law (6)
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.
To learn more:
If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.
How is the receipt date determined for faxed assignment documents at the USPTO?
The determination of the receipt date for faxed assignment documents at the USPTO is crucial for establishing priority and effective dates. According to MPEP 302.09:
“The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
This means that:
- The receipt date is when the entire document has been successfully transmitted and received by the USPTO.
- Partial transmissions or incomplete faxes will not establish a receipt date.
- The time zone of the USPTO (Eastern Time) is used for determining the date.
- If a transmission is completed after business hours, the next business day may be considered the receipt date.
It’s important to ensure that the fax transmission is complete and to keep confirmation records of the transmission for your files.
To learn more:
The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.
The USPTO has specific rules for handling facsimile transmissions received outside of business hours, as outlined in MPEP 502.01:
Correspondence for which transmission was completed on a Saturday, Sunday, or Federal holiday within the District of Columbia, will be accorded a receipt date of the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that if a facsimile transmission is completed during non-business hours, weekends, or federal holidays, the USPTO will assign it a receipt date of the next business day. For example:
- A fax completed on Friday at 9:05 p.m. Pacific time (12:05 a.m. Saturday Eastern time) would be accorded a receipt date of the following Monday (assuming Monday is not a federal holiday).
- A fax completed on a federal holiday would be accorded a receipt date of the next business day.
It’s important to note that while the actual transmission may occur outside of business hours, the official receipt date will always be a business day. This can be crucial for meeting deadlines and calculating time-sensitive patent-related actions.
To learn more:
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Patent Procedure (6)
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.
To learn more:
If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.
How is the receipt date determined for faxed assignment documents at the USPTO?
The determination of the receipt date for faxed assignment documents at the USPTO is crucial for establishing priority and effective dates. According to MPEP 302.09:
“The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
This means that:
- The receipt date is when the entire document has been successfully transmitted and received by the USPTO.
- Partial transmissions or incomplete faxes will not establish a receipt date.
- The time zone of the USPTO (Eastern Time) is used for determining the date.
- If a transmission is completed after business hours, the next business day may be considered the receipt date.
It’s important to ensure that the fax transmission is complete and to keep confirmation records of the transmission for your files.
To learn more:
The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.
The USPTO has specific rules for handling facsimile transmissions received outside of business hours, as outlined in MPEP 502.01:
Correspondence for which transmission was completed on a Saturday, Sunday, or Federal holiday within the District of Columbia, will be accorded a receipt date of the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that if a facsimile transmission is completed during non-business hours, weekends, or federal holidays, the USPTO will assign it a receipt date of the next business day. For example:
- A fax completed on Friday at 9:05 p.m. Pacific time (12:05 a.m. Saturday Eastern time) would be accorded a receipt date of the following Monday (assuming Monday is not a federal holiday).
- A fax completed on a federal holiday would be accorded a receipt date of the next business day.
It’s important to note that while the actual transmission may occur outside of business hours, the official receipt date will always be a business day. This can be crucial for meeting deadlines and calculating time-sensitive patent-related actions.
To learn more:
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.