Patent Law FAQ

Foreign assignees can designate a domestic representative for USPTO correspondence as outlined in 35 U.S.C. 293 and 37 CFR 3.61. The MPEP states:

An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative.

Key points for this designation:

• It should be submitted as a separate paper from any assignment document
• It should be clearly labeled ‘Designation of Domestic Representative’
• It will be entered into the record of the appropriate application or patent file
• It must be signed in accordance with 37 CFR 1.33(b)
• It should state the name and address of a person residing within the United States

This designation allows for service of process or notice of proceedings affecting the patent or rights under the patent to be served on the designated representative.

For more information on domestic representative, visit: domestic representative.

For more information on foreign assignee, visit: foreign assignee.

For more information on USPTO correspondence, visit: USPTO correspondence.

Foreign assignees can designate a domestic representative for USPTO correspondence as outlined in 35 U.S.C. 293 and 37 CFR 3.61. The MPEP states:

An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative.

Key points for this designation:

• It should be submitted as a separate paper from any assignment document
• It should be clearly labeled ‘Designation of Domestic Representative’
• It will be entered into the record of the appropriate application or patent file
• It must be signed in accordance with 37 CFR 1.33(b)
• It should state the name and address of a person residing within the United States

This designation allows for service of process or notice of proceedings affecting the patent or rights under the patent to be served on the designated representative.

For more information on domestic representative, visit: domestic representative.

For more information on foreign assignee, visit: foreign assignee.

For more information on USPTO correspondence, visit: USPTO correspondence.

After the USPTO is notified of a patent practitioner’s death, correspondence is sent to two parties:

1. The office of the deceased practitioner
2. The person who originally appointed the deceased patent practitioner

This dual notification ensures that both the practitioner’s office and the original appointer are aware of ongoing patent matters and can take appropriate action.

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

• Streamlined correspondence management for multiple applications
• Easy updates to address information
• Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

• Easy updates to correspondence addresses for multiple applications
• Efficient management of power of attorney
• Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

In a Pre-AIA 37 CFR 1.47 application, the USPTO follows specific procedures for handling correspondence. According to MPEP 409.03(j):

‘The Notice of Acceptance under 37 CFR 1.47 should remind the applicant that the nonsigning inventor has access to the application papers. Applicant may petition under 37 CFR 1.14(e) for access restriction. See MPEP § 104.’

This means that:

• The USPTO will send a Notice of Acceptance to the applicant.
• The non-signing inventor has the right to access application papers.
• The applicant can petition for access restriction if necessary.
• Regular correspondence will be sent to the applicant or their representative.

It’s important to note that while the application is prosecuted by the applicant under 37 CFR 1.47, the non-signing inventor retains certain rights, including access to the application file.

To learn more:

• Pre-AIA 37 CFR 1.47
• USPTO correspondence
• patent application
• non-signing inventor

To learn more:

• Pre-AIA 37 CFR 1.47

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

How does the USPTO handle correspondence from multiple patent practitioners?

When multiple patent practitioners are involved in an application, the USPTO has specific rules for handling correspondence. MPEP 403.01(a) states: Where more than one practitioner is of record in an application, the Office will direct correspondence to the practitioner first named in the request for representation unless the request for representation specifies otherwise.

This means:

• The USPTO will typically communicate with the first-named practitioner.
• Applicants can specify a different practitioner for correspondence if desired.
• All practitioners of record have the authority to act on behalf of the applicant.

It’s important for the applicant and all involved practitioners to clearly communicate their roles and preferences for correspondence to ensure smooth communication with the USPTO. For more information on correspondence procedures, visit the USPTO’s MPEP 403 page.

To learn more:

• Multiple patent practitioners
• USPTO correspondence
• Patent application representation

How does the USPTO handle correspondence from multiple attorneys in a patent application?

The USPTO has specific guidelines for handling correspondence from multiple attorneys in a patent application:

• If multiple attorneys are listed on the Power of Attorney form, the USPTO will direct all correspondence to the first listed attorney.
• The first listed attorney is considered the ‘correspondence address’ for official communications.
• As stated in MPEP 403.01(a): ‘If more than one attorney is of record, the Office will direct correspondence to the first listed attorney in the Power of Attorney.’
• Other listed attorneys can still communicate with the USPTO, but official correspondence will be sent to the designated address.

This approach ensures clear communication channels and prevents confusion in multi-attorney cases.

To learn more:

• USPTO correspondence
• multiple attorneys
• patent application
• Power of Attorney

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence for applications with multiple applicants?

The USPTO has specific rules for handling correspondence in applications with multiple applicants:

• For applications filed on or after September 16, 2012, the USPTO will direct correspondence to the first named applicant, unless a practitioner is appointed.
• For applications filed before September 16, 2012, correspondence is sent to the first named inventor, unless a practitioner is of record.

As stated in MPEP 403: ‘Where more than one attorney or agent is of record, the Office will direct correspondence to the first named attorney or agent of record, unless otherwise requested.’ This ensures clear communication channels for multi-applicant applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

When the USPTO is notified of the death of a sole patent practitioner of record, they continue to hold correspondence with the deceased practitioner’s office. However, the USPTO also mails a copy of the Office action to the person who originally appointed the practitioner. This ensures that the applicant or owner is informed of ongoing patent matters.

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

1. Complete the Change of Correspondence Address Form (PTO/SB/122)
2. Provide the Customer Number and the updated list of registered practitioners
3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

• Only registered practitioners can be added to a Customer Number
• Changes will affect all applications associated with the Customer Number
• The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

No, a suspended or excluded practitioner is not permitted to receive correspondence from the USPTO regarding patent applications. According to MPEP 407:

A suspended or excluded practitioner is not entitled to receive correspondence from the Office, or have interviews with examiners, in applications or patents.

The USPTO takes the following steps to ensure compliance:

• Correspondence will be sent to the applicant or assignee at their address of record.
• If no practitioner is of record, the correspondence will be sent directly to the applicant or assignee.
• Examiners are instructed not to hold interviews with suspended or excluded practitioners.

For more information on USPTO correspondence, visit: USPTO correspondence.

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

• Streamlined correspondence management for multiple applications
• Easy updates to address information
• Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

• Easy updates to correspondence addresses for multiple applications
• Efficient management of power of attorney
• Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence for applications with multiple applicants?

The USPTO has specific rules for handling correspondence in applications with multiple applicants:

• For applications filed on or after September 16, 2012, the USPTO will direct correspondence to the first named applicant, unless a practitioner is appointed.
• For applications filed before September 16, 2012, correspondence is sent to the first named inventor, unless a practitioner is of record.

As stated in MPEP 403: ‘Where more than one attorney or agent is of record, the Office will direct correspondence to the first named attorney or agent of record, unless otherwise requested.’ This ensures clear communication channels for multi-applicant applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

1. Complete the Change of Correspondence Address Form (PTO/SB/122)
2. Provide the Customer Number and the updated list of registered practitioners
3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

• Only registered practitioners can be added to a Customer Number
• Changes will affect all applications associated with the Customer Number
• The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

After the USPTO is notified of a patent practitioner’s death, correspondence is sent to two parties:

1. The office of the deceased practitioner
2. The person who originally appointed the deceased patent practitioner

This dual notification ensures that both the practitioner’s office and the original appointer are aware of ongoing patent matters and can take appropriate action.

When the USPTO is notified of the death of a sole patent practitioner of record, they continue to hold correspondence with the deceased practitioner’s office. However, the USPTO also mails a copy of the Office action to the person who originally appointed the practitioner. This ensures that the applicant or owner is informed of ongoing patent matters.

No, a suspended or excluded practitioner is not permitted to receive correspondence from the USPTO regarding patent applications. According to MPEP 407:

A suspended or excluded practitioner is not entitled to receive correspondence from the Office, or have interviews with examiners, in applications or patents.

The USPTO takes the following steps to ensure compliance:

• Correspondence will be sent to the applicant or assignee at their address of record.
• If no practitioner is of record, the correspondence will be sent directly to the applicant or assignee.
• Examiners are instructed not to hold interviews with suspended or excluded practitioners.

For more information on USPTO correspondence, visit: USPTO correspondence.

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to:

• Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date
• Filing of correspondence in an international application before the U.S. Receiving Office, U.S. International Searching Authority, or U.S. International Preliminary Examining Authority
• Filing of an international design application
• Filing a copy of an international application and the basic national fee to enter the national stage
• Filing a written declaration of abandonment under 37 CFR 1.138

It’s crucial to note that these exceptions exist to ensure certain critical documents are actually received by the USPTO before they are considered filed.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Exceptions

If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states:

“37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal Service, or transmission by facsimile or EFS-Web, of correspondence when a reasonable amount of time has elapsed from the time of mailing or transmission of the correspondence.”

To rectify this situation:

1. Promptly notify the Office of the previous mailing or transmission
2. Supply a duplicate copy of the previously mailed or transmitted correspondence
3. Provide a statement attesting to the previous timely mailing or transmission

It’s important to act quickly once you become aware that the Office has not received your correspondence, rather than waiting until the end of the reply period.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Lost Correspondence

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.

If you don’t possess any record of correspondence with the USPTO for an application, patent, or other proceeding that is the subject of an unlocatable file notice, you must still respond to the notice. According to 37 CFR 1.251(a)(3):

If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.

It’s crucial to provide this statement within the specified time period to avoid potential negative consequences, such as abandonment of a pending application or limitations on the certified copy of a granted patent file that the USPTO can produce.

To learn more:

• USPTO correspondence
• Patent records
• Application procedures
• Unlocatable files

The USPTO requires that different matters be submitted in separate papers to ensure efficient processing. This requirement is outlined in MPEP 501, which cites 37 CFR 1.4(c):

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

This means that if you have multiple requests or inquiries for the USPTO, each should be submitted on its own separate document. For example, a petition and an information disclosure statement should not be combined into a single paper.

If an applicant submits a single paper containing distinct subjects, the USPTO may use the following form paragraph to notify them:

The [1] submitted [2] should have been submitted as a separate paper as required by 37 CFR 1.4(c). The paper has been entered. However, all future correspondence must comply with 37 CFR 1.4.

Adhering to this requirement helps ensure that your correspondence is processed efficiently and reaches the appropriate department within the USPTO.

For more information on patent office procedures, visit: patent office procedures.

For more information on USPTO correspondence, visit: USPTO correspondence.

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

What is an S-signature in USPTO correspondence and how is it formatted?

An S-signature is an electronic signature used in correspondence with the USPTO. According to MPEP 502.02, an S-signature must be formatted as follows:

• Inserted between forward slash marks: /John Doe/
• Include the signer’s name
• For registered practitioners, include their registration number
• The signer’s name can be printed or typed
• The signature must comply with 37 CFR 1.4(d)(2)

For example, a proper S-signature for a registered patent attorney might look like this:

/John Q. Attorney, Reg. No. 12345/

This format allows for efficient electronic filing while maintaining the legal weight of a signature.

To learn more:

• S-signature
• electronic signature
• USPTO correspondence
• patent practitioner
• signature format

An S-signature is a type of electronic signature used in USPTO correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(2):

An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph (d)(1) of this section. An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature.

Key requirements for an S-signature include:

• It must consist only of letters, Arabic numerals, or both, with appropriate punctuation.
• The signer must insert their own S-signature with a single forward slash mark before and after the signature.
• For patent practitioners, their registration number must be included with or near the S-signature.
• The signer’s name must be presented in printed or typed form near the S-signature.

Example of a proper S-signature: /John D. Smith/

S-signatures can be used for most USPTO correspondence filed electronically or by facsimile.

For more information on USPTO correspondence, visit: USPTO correspondence.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP:

“Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37 CFR 1.8), the date on which the paper will be deposited in the United States Postal Service, transmitted by facsimile or transmitted via the USPTO electronic filing system (EFS-Web). If the date stated is within the period for reply, the reply in most instances will be considered to be timely.”

This procedure can be crucial for meeting deadlines, even if the actual receipt of the correspondence by the USPTO occurs after the deadline.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Deadlines

A certificate of mailing for USPTO correspondence must include specific information to be valid. According to MPEP 512, the following information is required:

• The date of deposit or transmission
• The application number (for patent applications)
• A statement that the correspondence is being deposited with the USPS or transmitted to the USPTO
• The signature of the person depositing or transmitting the correspondence

The MPEP states:

The certificate must state that the correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail, or transmitted to the Office on the date of the certificate.

Ensure all these elements are included to make your certificate of mailing valid and effective.

To learn more:

• certificate of mailing
• USPTO correspondence
• required information

If correspondence with a Certificate of Mailing or Transmission is not received by the USPTO after a reasonable amount of time, you can take steps to notify the Office and provide evidence of the previous timely filing. According to 37 CFR 1.8(b):

In the event that correspondence is considered timely filed by being mailed or transmitted in accordance with paragraph (a) of this section, but not received in the U.S. Patent and Trademark Office after a reasonable amount of time has elapsed from the time of mailing or transmitting of the correspondence […] the correspondence will be considered timely if the party who forwarded such correspondence: (1) Informs the Office of the previous mailing or transmission of the correspondence promptly after becoming aware that the Office has no evidence of receipt of the correspondence; (2) Supplies an additional copy of the previously mailed or transmitted correspondence and certificate; and (3) Includes a statement that attests on a personal knowledge basis or to the satisfaction of the Director to the previous timely mailing, transmission or submission.

It’s recommended to check the private Patent Application Information Retrieval (PAIR) System first to see if the correspondence has been entered into the application file before notifying the Office.

What are the signature requirements for patent practitioners in correspondence with the USPTO?

Patent practitioners (e.g., registered attorneys or agents) must follow specific signature requirements when corresponding with the USPTO:

• They must personally sign correspondence using either a handwritten signature or an S-signature.
• An S-signature is inserted between forward slash marks and includes the practitioner’s name and registration number.
• The signature must comply with 37 CFR 1.4(d)(1) or 1.4(d)(2).

According to MPEP 502.02, ‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’ This ensures accountability and authenticity in patent-related communications.

To learn more:

• patent practitioner
• signature requirements
• USPTO correspondence
• S-signature
• handwritten signature

The USPTO requires that different matters be submitted in separate papers to avoid confusion and delays. This requirement is outlined in 37 CFR 1.4(c), which states:

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

Key points to remember:

• Each distinct subject, inquiry, or order should be in a separate paper.
• This applies to both patent and trademark correspondence.
• Exceptions are allowed for subjects provided for on a single Office or World Intellectual Property Organization form.

If you submit multiple subjects in a single paper, the USPTO may use Form Paragraph 5.01.01 to notify you of the requirement for separate papers in future correspondence.

Adhering to this requirement helps ensure that your correspondence is processed efficiently by the appropriate Office branches or sections.

To learn more:

• USPTO correspondence
• separate papers
• patent applications
• trademark applications

What are the requirements for certificate of mailing or transmission?

The certificate of mailing or transmission is an important tool for securing a filing date with the USPTO. According to MPEP 502, the requirements are:

“The certification requires a signature. Specifically, if the certification is filed by a registered practitioner, it must be signed by that practitioner personally. 37 CFR 1.8(a)(2). If the certification is filed by an applicant, it must be signed by the applicant (except where an oath or declaration is not required, in which case the certification may be signed by a registered practitioner). 37 CFR 1.8(a)(2).”

Key points to remember:

• The certificate must include the date of deposit or transmission.
• It must be signed by the person mailing or transmitting the correspondence.
• For registered practitioners, personal signature is required.
• For applicants, their signature is required unless an oath/declaration is not needed.

Proper use of this certificate can help ensure your documents are considered timely filed, even if there are postal or transmission delays.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on Certificate of Transmission, visit: Certificate of Transmission.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific certification requirements for signatures in correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(4):

The person inserting a signature under paragraph (d)(2) or (d)(3) of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature. A person submitting a document signed by another under paragraph (d)(2) or (d)(3) of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.

Key points about signature certifications:

• The person inserting an S-signature certifies it as their own.
• When submitting a document signed by another, you must have a reasonable belief that the signature is authentic.
• Evidence of signature authenticity should be retained.
• Violations of certification rules may result in sanctions.

These requirements apply to both handwritten and S-signatures. They ensure the integrity and authenticity of documents submitted to the USPTO.

For more information on USPTO correspondence, visit: USPTO correspondence.

Maintenance fee payments have a specific mailing address if not submitted electronically. According to MPEP 501, which cites 37 CFR 1.1(d):

Maintenance fee payments that are not submitted electronically and correspondence related to maintenance fees may be addressed to: Mail Stop Maintenance Fee, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

However, it’s important to note that the USPTO strongly encourages electronic submission of maintenance fee payments. The Electronic Maintenance Fee Form is the preferred method for these transactions.

If you must submit a paper payment, ensure it’s properly addressed to avoid delays in processing. Include all necessary information, such as the patent number and the fee amount being paid.

For more information on USPTO correspondence, visit: USPTO correspondence.

For correspondence that is not specific to patents or trademarks, such as requests for certified copies or assignment recordation, the general mailing address is:

Director of the United States Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

This address should be used for:

• Patent and trademark documents sent to the Assignment Division for recordation (Mail Stop Assignment Recordation Services)
• Requests for certified or uncertified copies of patent and trademark documents (Mail Stop Patent and Trademark Copy Fulfillment Branch)
• Correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190

MPEP 501 states: “For correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190, should be addressed to: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450”

The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP:

“The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made to retain the envelopes in which the papers are received or to indicate on the papers the postal cancellation date (postmark).”

Key points in the USPTO’s handling process include:

• The actual receipt date is stamped on all papers
• The date on the Certificate is used to determine if the paper was filed within the period for reply
• If the paper is received after the period for reply, but the Certificate date is within the period, the paper is considered timely filed
• A notation (e.g., “C of Mail 11/10/97”) is made next to the Office Date Stamp to indicate the Certificate date

It’s important to note that while the Certificate date is used to determine timeliness, the actual receipt date is used for all other purposes, including calculating subsequent deadlines.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Office Procedures

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPS, visit: USPS.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence delivered by EXPRESS MAIL?

The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:

“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”

This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:

• The correspondence is properly addressed to the USPTO
• The proper address is on the EXPRESS MAIL mailing label
• The EXPRESS MAIL mailing label number is placed on the correspondence

It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.

For more information on Express Mail, visit: Express Mail.

For more information on USPTO correspondence, visit: USPTO correspondence.

To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates:

“The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a).”

The certificate should include:

• A statement certifying the date of mailing or transmission
• The signature of the person making the certification
• The application number (if known)

It’s important to note that the certificate must be signed by someone with a reasonable basis to expect the correspondence would be mailed or transmitted on or before the date indicated.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Procedures

The Certificate of Mailing procedure does not apply to papers mailed from a foreign country. However, the Certificate of Transmission procedure can be used for correspondence transmitted to the USPTO from a foreign country, with some conditions. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

This means that while you can’t use a Certificate of Mailing for papers sent by postal mail from outside the United States, you can use a Certificate of Transmission for faxes or EFS-Web submissions from foreign countries, as long as the specific type of correspondence is eligible for the certificate procedure.

No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:

• The USPTO does not have resources for picking up mail
• Mail sent using the “Hold for Pickup” service will not reach the Office

Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.

As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”

The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to:

• The filing of an international application for patent
• The filing of correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority
• The filing of a copy of the international application and the basic national fee necessary to enter the national stage

However, the Certificate of Transmission procedure can be used for some correspondence related to international applications if it’s being transmitted to the USPTO and is not otherwise prohibited. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

It’s crucial to carefully review the specific requirements and limitations for international application correspondence to ensure proper and timely filing.

Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:

I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].

However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):

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.

This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.

The use of a Certificate of Mailing or Transmission for correspondence from outside the United States depends on the method of transmission. The MPEP clarifies:

“The Certificate of Mailing procedure does not apply to papers mailed in a foreign country. The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.”

Therefore:

• You cannot use a Certificate of Mailing for papers mailed from outside the U.S.
• You can use a Certificate of Transmission for facsimile or EFS-Web transmissions from outside the U.S., as long as the correspondence is eligible for this procedure.

It’s important to verify that your specific type of correspondence is eligible for the Certificate of Transmission procedure before using it from outside the United States.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• International Patent Filing

No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice:

“The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date…”

The MPEP lists several other exclusions, including certain international application filings, trademark-related filings, and correspondence filed in interference or trial proceedings. It’s crucial to review the full list in MPEP 512 to ensure compliance with USPTO rules.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO correspondence
• patent application filing

Can I use a certificate of mailing for all USPTO correspondence?

While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions:

“The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35 U.S.C. 111(a), including reissue applications; (B) International applications for patent; (C) International design applications; (D) Requests for reexamination under 35 U.S.C. 302…”

This list continues with several other exceptions. It’s crucial to note that:

• New patent applications cannot use the certificate of mailing.
• International applications are excluded from this procedure.
• Certain time-sensitive documents require different filing methods.

For these excluded items, consider using Priority Mail Express® or electronic filing to ensure timely receipt by the USPTO. Always check the current regulations or consult with a patent professional to determine the appropriate filing method for your specific correspondence.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on patent applications, visit: patent applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

Can a legal assistant or secretary sign correspondence on behalf of a patent practitioner?

No, a legal assistant or secretary cannot sign correspondence on behalf of a patent practitioner. The MPEP 502.02 clearly states:

‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’

This requirement ensures that the practitioner takes personal responsibility for the content of the correspondence. Delegating this responsibility to support staff is not permitted and could lead to the correspondence being considered unsigned or improperly signed.

To learn more:

• legal assistant
• secretary
• patent practitioner
• signature delegation
• USPTO correspondence

The USPTO requires that different matters be submitted in separate papers to ensure efficient processing. This requirement is outlined in MPEP 501, which cites 37 CFR 1.4(c):

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

This means that if you have multiple requests or inquiries for the USPTO, each should be submitted on its own separate document. For example, a petition and an information disclosure statement should not be combined into a single paper.

If an applicant submits a single paper containing distinct subjects, the USPTO may use the following form paragraph to notify them:

The [1] submitted [2] should have been submitted as a separate paper as required by 37 CFR 1.4(c). The paper has been entered. However, all future correspondence must comply with 37 CFR 1.4.

Adhering to this requirement helps ensure that your correspondence is processed efficiently and reaches the appropriate department within the USPTO.

For more information on patent office procedures, visit: patent office procedures.

For more information on USPTO correspondence, visit: USPTO correspondence.

An S-signature is a type of electronic signature used in USPTO correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(2):

An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph (d)(1) of this section. An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature.

Key requirements for an S-signature include:

• It must consist only of letters, Arabic numerals, or both, with appropriate punctuation.
• The signer must insert their own S-signature with a single forward slash mark before and after the signature.
• For patent practitioners, their registration number must be included with or near the S-signature.
• The signer’s name must be presented in printed or typed form near the S-signature.

Example of a proper S-signature: /John D. Smith/

S-signatures can be used for most USPTO correspondence filed electronically or by facsimile.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO requires that different matters be submitted in separate papers to avoid confusion and delays. This requirement is outlined in 37 CFR 1.4(c), which states:

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

Key points to remember:

• Each distinct subject, inquiry, or order should be in a separate paper.
• This applies to both patent and trademark correspondence.
• Exceptions are allowed for subjects provided for on a single Office or World Intellectual Property Organization form.

If you submit multiple subjects in a single paper, the USPTO may use Form Paragraph 5.01.01 to notify you of the requirement for separate papers in future correspondence.

Adhering to this requirement helps ensure that your correspondence is processed efficiently by the appropriate Office branches or sections.

To learn more:

• USPTO correspondence
• separate papers
• patent applications
• trademark applications

The USPTO has specific certification requirements for signatures in correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(4):

The person inserting a signature under paragraph (d)(2) or (d)(3) of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature. A person submitting a document signed by another under paragraph (d)(2) or (d)(3) of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.

Key points about signature certifications:

• The person inserting an S-signature certifies it as their own.
• When submitting a document signed by another, you must have a reasonable belief that the signature is authentic.
• Evidence of signature authenticity should be retained.
• Violations of certification rules may result in sanctions.

These requirements apply to both handwritten and S-signatures. They ensure the integrity and authenticity of documents submitted to the USPTO.

For more information on USPTO correspondence, visit: USPTO correspondence.

Maintenance fee payments have a specific mailing address if not submitted electronically. According to MPEP 501, which cites 37 CFR 1.1(d):

Maintenance fee payments that are not submitted electronically and correspondence related to maintenance fees may be addressed to: Mail Stop Maintenance Fee, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

However, it’s important to note that the USPTO strongly encourages electronic submission of maintenance fee payments. The Electronic Maintenance Fee Form is the preferred method for these transactions.

If you must submit a paper payment, ensure it’s properly addressed to avoid delays in processing. Include all necessary information, such as the patent number and the fee amount being paid.

For more information on USPTO correspondence, visit: USPTO correspondence.

For correspondence that is not specific to patents or trademarks, such as requests for certified copies or assignment recordation, the general mailing address is:

Director of the United States Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

This address should be used for:

• Patent and trademark documents sent to the Assignment Division for recordation (Mail Stop Assignment Recordation Services)
• Requests for certified or uncertified copies of patent and trademark documents (Mail Stop Patent and Trademark Copy Fulfillment Branch)
• Correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190

MPEP 501 states: “For correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190, should be addressed to: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450”

What are the requirements for certificate of mailing or transmission?

The certificate of mailing or transmission is an important tool for securing a filing date with the USPTO. According to MPEP 502, the requirements are:

“The certification requires a signature. Specifically, if the certification is filed by a registered practitioner, it must be signed by that practitioner personally. 37 CFR 1.8(a)(2). If the certification is filed by an applicant, it must be signed by the applicant (except where an oath or declaration is not required, in which case the certification may be signed by a registered practitioner). 37 CFR 1.8(a)(2).”

Key points to remember:

• The certificate must include the date of deposit or transmission.
• It must be signed by the person mailing or transmitting the correspondence.
• For registered practitioners, personal signature is required.
• For applicants, their signature is required unless an oath/declaration is not needed.

Proper use of this certificate can help ensure your documents are considered timely filed, even if there are postal or transmission delays.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on Certificate of Transmission, visit: Certificate of Transmission.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPS, visit: USPS.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence delivered by EXPRESS MAIL?

The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:

“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”

This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:

• The correspondence is properly addressed to the USPTO
• The proper address is on the EXPRESS MAIL mailing label
• The EXPRESS MAIL mailing label number is placed on the correspondence

It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.

For more information on Express Mail, visit: Express Mail.

For more information on USPTO correspondence, visit: USPTO correspondence.

Can I use a certificate of mailing for all USPTO correspondence?

While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions:

“The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35 U.S.C. 111(a), including reissue applications; (B) International applications for patent; (C) International design applications; (D) Requests for reexamination under 35 U.S.C. 302…”

This list continues with several other exceptions. It’s crucial to note that:

• New patent applications cannot use the certificate of mailing.
• International applications are excluded from this procedure.
• Certain time-sensitive documents require different filing methods.

For these excluded items, consider using Priority Mail Express® or electronic filing to ensure timely receipt by the USPTO. Always check the current regulations or consult with a patent professional to determine the appropriate filing method for your specific correspondence.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on patent applications, visit: patent applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:

• The USPTO does not have resources for picking up mail
• Mail sent using the “Hold for Pickup” service will not reach the Office

Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.

As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to:

• Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date
• Filing of correspondence in an international application before the U.S. Receiving Office, U.S. International Searching Authority, or U.S. International Preliminary Examining Authority
• Filing of an international design application
• Filing a copy of an international application and the basic national fee to enter the national stage
• Filing a written declaration of abandonment under 37 CFR 1.138

It’s crucial to note that these exceptions exist to ensure certain critical documents are actually received by the USPTO before they are considered filed.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Exceptions

If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states:

“37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal Service, or transmission by facsimile or EFS-Web, of correspondence when a reasonable amount of time has elapsed from the time of mailing or transmission of the correspondence.”

To rectify this situation:

1. Promptly notify the Office of the previous mailing or transmission
2. Supply a duplicate copy of the previously mailed or transmitted correspondence
3. Provide a statement attesting to the previous timely mailing or transmission

It’s important to act quickly once you become aware that the Office has not received your correspondence, rather than waiting until the end of the reply period.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Lost Correspondence

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.

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP:

“Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37 CFR 1.8), the date on which the paper will be deposited in the United States Postal Service, transmitted by facsimile or transmitted via the USPTO electronic filing system (EFS-Web). If the date stated is within the period for reply, the reply in most instances will be considered to be timely.”

This procedure can be crucial for meeting deadlines, even if the actual receipt of the correspondence by the USPTO occurs after the deadline.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Deadlines

A certificate of mailing for USPTO correspondence must include specific information to be valid. According to MPEP 512, the following information is required:

• The date of deposit or transmission
• The application number (for patent applications)
• A statement that the correspondence is being deposited with the USPS or transmitted to the USPTO
• The signature of the person depositing or transmitting the correspondence

The MPEP states:

The certificate must state that the correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail, or transmitted to the Office on the date of the certificate.

Ensure all these elements are included to make your certificate of mailing valid and effective.

To learn more:

• certificate of mailing
• USPTO correspondence
• required information

If correspondence with a Certificate of Mailing or Transmission is not received by the USPTO after a reasonable amount of time, you can take steps to notify the Office and provide evidence of the previous timely filing. According to 37 CFR 1.8(b):

In the event that correspondence is considered timely filed by being mailed or transmitted in accordance with paragraph (a) of this section, but not received in the U.S. Patent and Trademark Office after a reasonable amount of time has elapsed from the time of mailing or transmitting of the correspondence […] the correspondence will be considered timely if the party who forwarded such correspondence: (1) Informs the Office of the previous mailing or transmission of the correspondence promptly after becoming aware that the Office has no evidence of receipt of the correspondence; (2) Supplies an additional copy of the previously mailed or transmitted correspondence and certificate; and (3) Includes a statement that attests on a personal knowledge basis or to the satisfaction of the Director to the previous timely mailing, transmission or submission.

It’s recommended to check the private Patent Application Information Retrieval (PAIR) System first to see if the correspondence has been entered into the application file before notifying the Office.

The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP:

“The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made to retain the envelopes in which the papers are received or to indicate on the papers the postal cancellation date (postmark).”

Key points in the USPTO’s handling process include:

• The actual receipt date is stamped on all papers
• The date on the Certificate is used to determine if the paper was filed within the period for reply
• If the paper is received after the period for reply, but the Certificate date is within the period, the paper is considered timely filed
• A notation (e.g., “C of Mail 11/10/97”) is made next to the Office Date Stamp to indicate the Certificate date

It’s important to note that while the Certificate date is used to determine timeliness, the actual receipt date is used for all other purposes, including calculating subsequent deadlines.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Office Procedures

To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates:

“The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a).”

The certificate should include:

• A statement certifying the date of mailing or transmission
• The signature of the person making the certification
• The application number (if known)

It’s important to note that the certificate must be signed by someone with a reasonable basis to expect the correspondence would be mailed or transmitted on or before the date indicated.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Procedures

The Certificate of Mailing procedure does not apply to papers mailed from a foreign country. However, the Certificate of Transmission procedure can be used for correspondence transmitted to the USPTO from a foreign country, with some conditions. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

This means that while you can’t use a Certificate of Mailing for papers sent by postal mail from outside the United States, you can use a Certificate of Transmission for faxes or EFS-Web submissions from foreign countries, as long as the specific type of correspondence is eligible for the certificate procedure.

The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to:

• The filing of an international application for patent
• The filing of correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority
• The filing of a copy of the international application and the basic national fee necessary to enter the national stage

However, the Certificate of Transmission procedure can be used for some correspondence related to international applications if it’s being transmitted to the USPTO and is not otherwise prohibited. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

It’s crucial to carefully review the specific requirements and limitations for international application correspondence to ensure proper and timely filing.

Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:

I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].

However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):

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.

This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.

The use of a Certificate of Mailing or Transmission for correspondence from outside the United States depends on the method of transmission. The MPEP clarifies:

“The Certificate of Mailing procedure does not apply to papers mailed in a foreign country. The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.”

Therefore:

• You cannot use a Certificate of Mailing for papers mailed from outside the U.S.
• You can use a Certificate of Transmission for facsimile or EFS-Web transmissions from outside the U.S., as long as the correspondence is eligible for this procedure.

It’s important to verify that your specific type of correspondence is eligible for the Certificate of Transmission procedure before using it from outside the United States.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• International Patent Filing

No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice:

“The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date…”

The MPEP lists several other exclusions, including certain international application filings, trademark-related filings, and correspondence filed in interference or trial proceedings. It’s crucial to review the full list in MPEP 512 to ensure compliance with USPTO rules.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO correspondence
• patent application filing

After the USPTO is notified of a patent practitioner’s death, correspondence is sent to two parties:

1. The office of the deceased practitioner
2. The person who originally appointed the deceased patent practitioner

This dual notification ensures that both the practitioner’s office and the original appointer are aware of ongoing patent matters and can take appropriate action.

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to:

• Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date
• Filing of correspondence in an international application before the U.S. Receiving Office, U.S. International Searching Authority, or U.S. International Preliminary Examining Authority
• Filing of an international design application
• Filing a copy of an international application and the basic national fee to enter the national stage
• Filing a written declaration of abandonment under 37 CFR 1.138

It’s crucial to note that these exceptions exist to ensure certain critical documents are actually received by the USPTO before they are considered filed.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Exceptions

If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states:

“37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal Service, or transmission by facsimile or EFS-Web, of correspondence when a reasonable amount of time has elapsed from the time of mailing or transmission of the correspondence.”

To rectify this situation:

1. Promptly notify the Office of the previous mailing or transmission
2. Supply a duplicate copy of the previously mailed or transmitted correspondence
3. Provide a statement attesting to the previous timely mailing or transmission

It’s important to act quickly once you become aware that the Office has not received your correspondence, rather than waiting until the end of the reply period.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Lost Correspondence

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.

If you don’t possess any record of correspondence with the USPTO for an application, patent, or other proceeding that is the subject of an unlocatable file notice, you must still respond to the notice. According to 37 CFR 1.251(a)(3):

If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.

It’s crucial to provide this statement within the specified time period to avoid potential negative consequences, such as abandonment of a pending application or limitations on the certified copy of a granted patent file that the USPTO can produce.

To learn more:

• USPTO correspondence
• Patent records
• Application procedures
• Unlocatable files

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

• Streamlined correspondence management for multiple applications
• Easy updates to address information
• Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO requires that different matters be submitted in separate papers to ensure efficient processing. This requirement is outlined in MPEP 501, which cites 37 CFR 1.4(c):

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

This means that if you have multiple requests or inquiries for the USPTO, each should be submitted on its own separate document. For example, a petition and an information disclosure statement should not be combined into a single paper.

If an applicant submits a single paper containing distinct subjects, the USPTO may use the following form paragraph to notify them:

The [1] submitted [2] should have been submitted as a separate paper as required by 37 CFR 1.4(c). The paper has been entered. However, all future correspondence must comply with 37 CFR 1.4.

Adhering to this requirement helps ensure that your correspondence is processed efficiently and reaches the appropriate department within the USPTO.

For more information on patent office procedures, visit: patent office procedures.

For more information on USPTO correspondence, visit: USPTO correspondence.

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

• Easy updates to correspondence addresses for multiple applications
• Efficient management of power of attorney
• Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

What is an S-signature in USPTO correspondence and how is it formatted?

An S-signature is an electronic signature used in correspondence with the USPTO. According to MPEP 502.02, an S-signature must be formatted as follows:

• Inserted between forward slash marks: /John Doe/
• Include the signer’s name
• For registered practitioners, include their registration number
• The signer’s name can be printed or typed
• The signature must comply with 37 CFR 1.4(d)(2)

For example, a proper S-signature for a registered patent attorney might look like this:

/John Q. Attorney, Reg. No. 12345/

This format allows for efficient electronic filing while maintaining the legal weight of a signature.

To learn more:

• S-signature
• electronic signature
• USPTO correspondence
• patent practitioner
• signature format

An S-signature is a type of electronic signature used in USPTO correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(2):

An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph (d)(1) of this section. An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature.

Key requirements for an S-signature include:

• It must consist only of letters, Arabic numerals, or both, with appropriate punctuation.
• The signer must insert their own S-signature with a single forward slash mark before and after the signature.
• For patent practitioners, their registration number must be included with or near the S-signature.
• The signer’s name must be presented in printed or typed form near the S-signature.

Example of a proper S-signature: /John D. Smith/

S-signatures can be used for most USPTO correspondence filed electronically or by facsimile.

For more information on USPTO correspondence, visit: USPTO correspondence.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP:

“Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37 CFR 1.8), the date on which the paper will be deposited in the United States Postal Service, transmitted by facsimile or transmitted via the USPTO electronic filing system (EFS-Web). If the date stated is within the period for reply, the reply in most instances will be considered to be timely.”

This procedure can be crucial for meeting deadlines, even if the actual receipt of the correspondence by the USPTO occurs after the deadline.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Deadlines

A certificate of mailing for USPTO correspondence must include specific information to be valid. According to MPEP 512, the following information is required:

• The date of deposit or transmission
• The application number (for patent applications)
• A statement that the correspondence is being deposited with the USPS or transmitted to the USPTO
• The signature of the person depositing or transmitting the correspondence

The MPEP states:

The certificate must state that the correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail, or transmitted to the Office on the date of the certificate.

Ensure all these elements are included to make your certificate of mailing valid and effective.

To learn more:

• certificate of mailing
• USPTO correspondence
• required information

If correspondence with a Certificate of Mailing or Transmission is not received by the USPTO after a reasonable amount of time, you can take steps to notify the Office and provide evidence of the previous timely filing. According to 37 CFR 1.8(b):

In the event that correspondence is considered timely filed by being mailed or transmitted in accordance with paragraph (a) of this section, but not received in the U.S. Patent and Trademark Office after a reasonable amount of time has elapsed from the time of mailing or transmitting of the correspondence […] the correspondence will be considered timely if the party who forwarded such correspondence: (1) Informs the Office of the previous mailing or transmission of the correspondence promptly after becoming aware that the Office has no evidence of receipt of the correspondence; (2) Supplies an additional copy of the previously mailed or transmitted correspondence and certificate; and (3) Includes a statement that attests on a personal knowledge basis or to the satisfaction of the Director to the previous timely mailing, transmission or submission.

It’s recommended to check the private Patent Application Information Retrieval (PAIR) System first to see if the correspondence has been entered into the application file before notifying the Office.

What are the signature requirements for patent practitioners in correspondence with the USPTO?

Patent practitioners (e.g., registered attorneys or agents) must follow specific signature requirements when corresponding with the USPTO:

• They must personally sign correspondence using either a handwritten signature or an S-signature.
• An S-signature is inserted between forward slash marks and includes the practitioner’s name and registration number.
• The signature must comply with 37 CFR 1.4(d)(1) or 1.4(d)(2).

According to MPEP 502.02, ‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’ This ensures accountability and authenticity in patent-related communications.

To learn more:

• patent practitioner
• signature requirements
• USPTO correspondence
• S-signature
• handwritten signature

The USPTO requires that different matters be submitted in separate papers to avoid confusion and delays. This requirement is outlined in 37 CFR 1.4(c), which states:

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

Key points to remember:

• Each distinct subject, inquiry, or order should be in a separate paper.
• This applies to both patent and trademark correspondence.
• Exceptions are allowed for subjects provided for on a single Office or World Intellectual Property Organization form.

If you submit multiple subjects in a single paper, the USPTO may use Form Paragraph 5.01.01 to notify you of the requirement for separate papers in future correspondence.

Adhering to this requirement helps ensure that your correspondence is processed efficiently by the appropriate Office branches or sections.

To learn more:

• USPTO correspondence
• separate papers
• patent applications
• trademark applications

What are the requirements for certificate of mailing or transmission?

The certificate of mailing or transmission is an important tool for securing a filing date with the USPTO. According to MPEP 502, the requirements are:

“The certification requires a signature. Specifically, if the certification is filed by a registered practitioner, it must be signed by that practitioner personally. 37 CFR 1.8(a)(2). If the certification is filed by an applicant, it must be signed by the applicant (except where an oath or declaration is not required, in which case the certification may be signed by a registered practitioner). 37 CFR 1.8(a)(2).”

Key points to remember:

• The certificate must include the date of deposit or transmission.
• It must be signed by the person mailing or transmitting the correspondence.
• For registered practitioners, personal signature is required.
• For applicants, their signature is required unless an oath/declaration is not needed.

Proper use of this certificate can help ensure your documents are considered timely filed, even if there are postal or transmission delays.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on Certificate of Transmission, visit: Certificate of Transmission.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific certification requirements for signatures in correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(4):

The person inserting a signature under paragraph (d)(2) or (d)(3) of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature. A person submitting a document signed by another under paragraph (d)(2) or (d)(3) of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.

Key points about signature certifications:

• The person inserting an S-signature certifies it as their own.
• When submitting a document signed by another, you must have a reasonable belief that the signature is authentic.
• Evidence of signature authenticity should be retained.
• Violations of certification rules may result in sanctions.

These requirements apply to both handwritten and S-signatures. They ensure the integrity and authenticity of documents submitted to the USPTO.

For more information on USPTO correspondence, visit: USPTO correspondence.

Maintenance fee payments have a specific mailing address if not submitted electronically. According to MPEP 501, which cites 37 CFR 1.1(d):

Maintenance fee payments that are not submitted electronically and correspondence related to maintenance fees may be addressed to: Mail Stop Maintenance Fee, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

However, it’s important to note that the USPTO strongly encourages electronic submission of maintenance fee payments. The Electronic Maintenance Fee Form is the preferred method for these transactions.

If you must submit a paper payment, ensure it’s properly addressed to avoid delays in processing. Include all necessary information, such as the patent number and the fee amount being paid.

For more information on USPTO correspondence, visit: USPTO correspondence.

For correspondence that is not specific to patents or trademarks, such as requests for certified copies or assignment recordation, the general mailing address is:

Director of the United States Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

This address should be used for:

• Patent and trademark documents sent to the Assignment Division for recordation (Mail Stop Assignment Recordation Services)
• Requests for certified or uncertified copies of patent and trademark documents (Mail Stop Patent and Trademark Copy Fulfillment Branch)
• Correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190

MPEP 501 states: “For correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190, should be addressed to: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450”

The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP:

“The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made to retain the envelopes in which the papers are received or to indicate on the papers the postal cancellation date (postmark).”

Key points in the USPTO’s handling process include:

• The actual receipt date is stamped on all papers
• The date on the Certificate is used to determine if the paper was filed within the period for reply
• If the paper is received after the period for reply, but the Certificate date is within the period, the paper is considered timely filed
• A notation (e.g., “C of Mail 11/10/97”) is made next to the Office Date Stamp to indicate the Certificate date

It’s important to note that while the Certificate date is used to determine timeliness, the actual receipt date is used for all other purposes, including calculating subsequent deadlines.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Office Procedures

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPS, visit: USPS.

For more information on USPTO correspondence, visit: USPTO correspondence.

In a Pre-AIA 37 CFR 1.47 application, the USPTO follows specific procedures for handling correspondence. According to MPEP 409.03(j):

‘The Notice of Acceptance under 37 CFR 1.47 should remind the applicant that the nonsigning inventor has access to the application papers. Applicant may petition under 37 CFR 1.14(e) for access restriction. See MPEP § 104.’

This means that:

• The USPTO will send a Notice of Acceptance to the applicant.
• The non-signing inventor has the right to access application papers.
• The applicant can petition for access restriction if necessary.
• Regular correspondence will be sent to the applicant or their representative.

It’s important to note that while the application is prosecuted by the applicant under 37 CFR 1.47, the non-signing inventor retains certain rights, including access to the application file.

To learn more:

• Pre-AIA 37 CFR 1.47
• USPTO correspondence
• patent application
• non-signing inventor

To learn more:

• Pre-AIA 37 CFR 1.47

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

How does the USPTO handle correspondence from multiple patent practitioners?

When multiple patent practitioners are involved in an application, the USPTO has specific rules for handling correspondence. MPEP 403.01(a) states: Where more than one practitioner is of record in an application, the Office will direct correspondence to the practitioner first named in the request for representation unless the request for representation specifies otherwise.

This means:

• The USPTO will typically communicate with the first-named practitioner.
• Applicants can specify a different practitioner for correspondence if desired.
• All practitioners of record have the authority to act on behalf of the applicant.

It’s important for the applicant and all involved practitioners to clearly communicate their roles and preferences for correspondence to ensure smooth communication with the USPTO. For more information on correspondence procedures, visit the USPTO’s MPEP 403 page.

To learn more:

• Multiple patent practitioners
• USPTO correspondence
• Patent application representation

How does the USPTO handle correspondence from multiple attorneys in a patent application?

The USPTO has specific guidelines for handling correspondence from multiple attorneys in a patent application:

• If multiple attorneys are listed on the Power of Attorney form, the USPTO will direct all correspondence to the first listed attorney.
• The first listed attorney is considered the ‘correspondence address’ for official communications.
• As stated in MPEP 403.01(a): ‘If more than one attorney is of record, the Office will direct correspondence to the first listed attorney in the Power of Attorney.’
• Other listed attorneys can still communicate with the USPTO, but official correspondence will be sent to the designated address.

This approach ensures clear communication channels and prevents confusion in multi-attorney cases.

To learn more:

• USPTO correspondence
• multiple attorneys
• patent application
• Power of Attorney

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence for applications with multiple applicants?

The USPTO has specific rules for handling correspondence in applications with multiple applicants:

• For applications filed on or after September 16, 2012, the USPTO will direct correspondence to the first named applicant, unless a practitioner is appointed.
• For applications filed before September 16, 2012, correspondence is sent to the first named inventor, unless a practitioner is of record.

As stated in MPEP 403: ‘Where more than one attorney or agent is of record, the Office will direct correspondence to the first named attorney or agent of record, unless otherwise requested.’ This ensures clear communication channels for multi-applicant applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence delivered by EXPRESS MAIL?

The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:

“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”

This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:

• The correspondence is properly addressed to the USPTO
• The proper address is on the EXPRESS MAIL mailing label
• The EXPRESS MAIL mailing label number is placed on the correspondence

It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.

For more information on Express Mail, visit: Express Mail.

For more information on USPTO correspondence, visit: USPTO correspondence.

When the USPTO is notified of the death of a sole patent practitioner of record, they continue to hold correspondence with the deceased practitioner’s office. However, the USPTO also mails a copy of the Office action to the person who originally appointed the practitioner. This ensures that the applicant or owner is informed of ongoing patent matters.

To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates:

“The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a).”

The certificate should include:

• A statement certifying the date of mailing or transmission
• The signature of the person making the certification
• The application number (if known)

It’s important to note that the certificate must be signed by someone with a reasonable basis to expect the correspondence would be mailed or transmitted on or before the date indicated.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Procedures

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

1. Complete the Change of Correspondence Address Form (PTO/SB/122)
2. Provide the Customer Number and the updated list of registered practitioners
3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

• Only registered practitioners can be added to a Customer Number
• Changes will affect all applications associated with the Customer Number
• The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

Foreign assignees can designate a domestic representative for USPTO correspondence as outlined in 35 U.S.C. 293 and 37 CFR 3.61. The MPEP states:

An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative.

Key points for this designation:

• It should be submitted as a separate paper from any assignment document
• It should be clearly labeled ‘Designation of Domestic Representative’
• It will be entered into the record of the appropriate application or patent file
• It must be signed in accordance with 37 CFR 1.33(b)
• It should state the name and address of a person residing within the United States

This designation allows for service of process or notice of proceedings affecting the patent or rights under the patent to be served on the designated representative.

For more information on domestic representative, visit: domestic representative.

For more information on foreign assignee, visit: foreign assignee.

For more information on USPTO correspondence, visit: USPTO correspondence.

The Certificate of Mailing procedure does not apply to papers mailed from a foreign country. However, the Certificate of Transmission procedure can be used for correspondence transmitted to the USPTO from a foreign country, with some conditions. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

This means that while you can’t use a Certificate of Mailing for papers sent by postal mail from outside the United States, you can use a Certificate of Transmission for faxes or EFS-Web submissions from foreign countries, as long as the specific type of correspondence is eligible for the certificate procedure.

No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:

• The USPTO does not have resources for picking up mail
• Mail sent using the “Hold for Pickup” service will not reach the Office

Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.

As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”

The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to:

• The filing of an international application for patent
• The filing of correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority
• The filing of a copy of the international application and the basic national fee necessary to enter the national stage

However, the Certificate of Transmission procedure can be used for some correspondence related to international applications if it’s being transmitted to the USPTO and is not otherwise prohibited. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

It’s crucial to carefully review the specific requirements and limitations for international application correspondence to ensure proper and timely filing.

Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:

I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].

However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):

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.

This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.

The use of a Certificate of Mailing or Transmission for correspondence from outside the United States depends on the method of transmission. The MPEP clarifies:

“The Certificate of Mailing procedure does not apply to papers mailed in a foreign country. The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.”

Therefore:

• You cannot use a Certificate of Mailing for papers mailed from outside the U.S.
• You can use a Certificate of Transmission for facsimile or EFS-Web transmissions from outside the U.S., as long as the correspondence is eligible for this procedure.

It’s important to verify that your specific type of correspondence is eligible for the Certificate of Transmission procedure before using it from outside the United States.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• International Patent Filing

No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice:

“The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date…”

The MPEP lists several other exclusions, including certain international application filings, trademark-related filings, and correspondence filed in interference or trial proceedings. It’s crucial to review the full list in MPEP 512 to ensure compliance with USPTO rules.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO correspondence
• patent application filing

Can I use a certificate of mailing for all USPTO correspondence?

While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions:

“The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35 U.S.C. 111(a), including reissue applications; (B) International applications for patent; (C) International design applications; (D) Requests for reexamination under 35 U.S.C. 302…”

This list continues with several other exceptions. It’s crucial to note that:

• New patent applications cannot use the certificate of mailing.
• International applications are excluded from this procedure.
• Certain time-sensitive documents require different filing methods.

For these excluded items, consider using Priority Mail Express® or electronic filing to ensure timely receipt by the USPTO. Always check the current regulations or consult with a patent professional to determine the appropriate filing method for your specific correspondence.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on patent applications, visit: patent applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

No, a suspended or excluded practitioner is not permitted to receive correspondence from the USPTO regarding patent applications. According to MPEP 407:

A suspended or excluded practitioner is not entitled to receive correspondence from the Office, or have interviews with examiners, in applications or patents.

The USPTO takes the following steps to ensure compliance:

• Correspondence will be sent to the applicant or assignee at their address of record.
• If no practitioner is of record, the correspondence will be sent directly to the applicant or assignee.
• Examiners are instructed not to hold interviews with suspended or excluded practitioners.

For more information on USPTO correspondence, visit: USPTO correspondence.

Can a legal assistant or secretary sign correspondence on behalf of a patent practitioner?

No, a legal assistant or secretary cannot sign correspondence on behalf of a patent practitioner. The MPEP 502.02 clearly states:

‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’

This requirement ensures that the practitioner takes personal responsibility for the content of the correspondence. Delegating this responsibility to support staff is not permitted and could lead to the correspondence being considered unsigned or improperly signed.

To learn more:

• legal assistant
• secretary
• patent practitioner
• signature delegation
• USPTO correspondence

After the USPTO is notified of a patent practitioner’s death, correspondence is sent to two parties:

1. The office of the deceased practitioner
2. The person who originally appointed the deceased patent practitioner

This dual notification ensures that both the practitioner’s office and the original appointer are aware of ongoing patent matters and can take appropriate action.

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to:

• Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date
• Filing of correspondence in an international application before the U.S. Receiving Office, U.S. International Searching Authority, or U.S. International Preliminary Examining Authority
• Filing of an international design application
• Filing a copy of an international application and the basic national fee to enter the national stage
• Filing a written declaration of abandonment under 37 CFR 1.138

It’s crucial to note that these exceptions exist to ensure certain critical documents are actually received by the USPTO before they are considered filed.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Exceptions

If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states:

“37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal Service, or transmission by facsimile or EFS-Web, of correspondence when a reasonable amount of time has elapsed from the time of mailing or transmission of the correspondence.”

To rectify this situation:

1. Promptly notify the Office of the previous mailing or transmission
2. Supply a duplicate copy of the previously mailed or transmitted correspondence
3. Provide a statement attesting to the previous timely mailing or transmission

It’s important to act quickly once you become aware that the Office has not received your correspondence, rather than waiting until the end of the reply period.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Lost Correspondence

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.

If you don’t possess any record of correspondence with the USPTO for an application, patent, or other proceeding that is the subject of an unlocatable file notice, you must still respond to the notice. According to 37 CFR 1.251(a)(3):

If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.

It’s crucial to provide this statement within the specified time period to avoid potential negative consequences, such as abandonment of a pending application or limitations on the certified copy of a granted patent file that the USPTO can produce.

To learn more:

• USPTO correspondence
• Patent records
• Application procedures
• Unlocatable files

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

• Streamlined correspondence management for multiple applications
• Easy updates to address information
• Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO requires that different matters be submitted in separate papers to ensure efficient processing. This requirement is outlined in MPEP 501, which cites 37 CFR 1.4(c):

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

This means that if you have multiple requests or inquiries for the USPTO, each should be submitted on its own separate document. For example, a petition and an information disclosure statement should not be combined into a single paper.

If an applicant submits a single paper containing distinct subjects, the USPTO may use the following form paragraph to notify them:

The [1] submitted [2] should have been submitted as a separate paper as required by 37 CFR 1.4(c). The paper has been entered. However, all future correspondence must comply with 37 CFR 1.4.

Adhering to this requirement helps ensure that your correspondence is processed efficiently and reaches the appropriate department within the USPTO.

For more information on patent office procedures, visit: patent office procedures.

For more information on USPTO correspondence, visit: USPTO correspondence.

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

• Easy updates to correspondence addresses for multiple applications
• Efficient management of power of attorney
• Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

What is an S-signature in USPTO correspondence and how is it formatted?

An S-signature is an electronic signature used in correspondence with the USPTO. According to MPEP 502.02, an S-signature must be formatted as follows:

• Inserted between forward slash marks: /John Doe/
• Include the signer’s name
• For registered practitioners, include their registration number
• The signer’s name can be printed or typed
• The signature must comply with 37 CFR 1.4(d)(2)

For example, a proper S-signature for a registered patent attorney might look like this:

/John Q. Attorney, Reg. No. 12345/

This format allows for efficient electronic filing while maintaining the legal weight of a signature.

To learn more:

• S-signature
• electronic signature
• USPTO correspondence
• patent practitioner
• signature format

An S-signature is a type of electronic signature used in USPTO correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(2):

An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph (d)(1) of this section. An S-signature includes any signature made by electronic or mechanical means, and any other mode of making or applying a signature other than a handwritten signature.

Key requirements for an S-signature include:

• It must consist only of letters, Arabic numerals, or both, with appropriate punctuation.
• The signer must insert their own S-signature with a single forward slash mark before and after the signature.
• For patent practitioners, their registration number must be included with or near the S-signature.
• The signer’s name must be presented in printed or typed form near the S-signature.

Example of a proper S-signature: /John D. Smith/

S-signatures can be used for most USPTO correspondence filed electronically or by facsimile.

For more information on USPTO correspondence, visit: USPTO correspondence.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP:

“Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37 CFR 1.8), the date on which the paper will be deposited in the United States Postal Service, transmitted by facsimile or transmitted via the USPTO electronic filing system (EFS-Web). If the date stated is within the period for reply, the reply in most instances will be considered to be timely.”

This procedure can be crucial for meeting deadlines, even if the actual receipt of the correspondence by the USPTO occurs after the deadline.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Deadlines

A certificate of mailing for USPTO correspondence must include specific information to be valid. According to MPEP 512, the following information is required:

• The date of deposit or transmission
• The application number (for patent applications)
• A statement that the correspondence is being deposited with the USPS or transmitted to the USPTO
• The signature of the person depositing or transmitting the correspondence

The MPEP states:

The certificate must state that the correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail, or transmitted to the Office on the date of the certificate.

Ensure all these elements are included to make your certificate of mailing valid and effective.

To learn more:

• certificate of mailing
• USPTO correspondence
• required information

If correspondence with a Certificate of Mailing or Transmission is not received by the USPTO after a reasonable amount of time, you can take steps to notify the Office and provide evidence of the previous timely filing. According to 37 CFR 1.8(b):

In the event that correspondence is considered timely filed by being mailed or transmitted in accordance with paragraph (a) of this section, but not received in the U.S. Patent and Trademark Office after a reasonable amount of time has elapsed from the time of mailing or transmitting of the correspondence […] the correspondence will be considered timely if the party who forwarded such correspondence: (1) Informs the Office of the previous mailing or transmission of the correspondence promptly after becoming aware that the Office has no evidence of receipt of the correspondence; (2) Supplies an additional copy of the previously mailed or transmitted correspondence and certificate; and (3) Includes a statement that attests on a personal knowledge basis or to the satisfaction of the Director to the previous timely mailing, transmission or submission.

It’s recommended to check the private Patent Application Information Retrieval (PAIR) System first to see if the correspondence has been entered into the application file before notifying the Office.

What are the signature requirements for patent practitioners in correspondence with the USPTO?

Patent practitioners (e.g., registered attorneys or agents) must follow specific signature requirements when corresponding with the USPTO:

• They must personally sign correspondence using either a handwritten signature or an S-signature.
• An S-signature is inserted between forward slash marks and includes the practitioner’s name and registration number.
• The signature must comply with 37 CFR 1.4(d)(1) or 1.4(d)(2).

According to MPEP 502.02, ‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’ This ensures accountability and authenticity in patent-related communications.

To learn more:

• patent practitioner
• signature requirements
• USPTO correspondence
• S-signature
• handwritten signature

The USPTO requires that different matters be submitted in separate papers to avoid confusion and delays. This requirement is outlined in 37 CFR 1.4(c), which states:

Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to avoid confusion and delay in answering papers dealing with different subjects.

Key points to remember:

• Each distinct subject, inquiry, or order should be in a separate paper.
• This applies to both patent and trademark correspondence.
• Exceptions are allowed for subjects provided for on a single Office or World Intellectual Property Organization form.

If you submit multiple subjects in a single paper, the USPTO may use Form Paragraph 5.01.01 to notify you of the requirement for separate papers in future correspondence.

Adhering to this requirement helps ensure that your correspondence is processed efficiently by the appropriate Office branches or sections.

To learn more:

• USPTO correspondence
• separate papers
• patent applications
• trademark applications

What are the requirements for certificate of mailing or transmission?

The certificate of mailing or transmission is an important tool for securing a filing date with the USPTO. According to MPEP 502, the requirements are:

“The certification requires a signature. Specifically, if the certification is filed by a registered practitioner, it must be signed by that practitioner personally. 37 CFR 1.8(a)(2). If the certification is filed by an applicant, it must be signed by the applicant (except where an oath or declaration is not required, in which case the certification may be signed by a registered practitioner). 37 CFR 1.8(a)(2).”

Key points to remember:

• The certificate must include the date of deposit or transmission.
• It must be signed by the person mailing or transmitting the correspondence.
• For registered practitioners, personal signature is required.
• For applicants, their signature is required unless an oath/declaration is not needed.

Proper use of this certificate can help ensure your documents are considered timely filed, even if there are postal or transmission delays.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on Certificate of Transmission, visit: Certificate of Transmission.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific certification requirements for signatures in correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(4):

The person inserting a signature under paragraph (d)(2) or (d)(3) of this section in a document submitted to the Office certifies that the inserted signature appearing in the document is his or her own signature. A person submitting a document signed by another under paragraph (d)(2) or (d)(3) of this section is obligated to have a reasonable basis to believe that the person whose signature is present on the document was actually inserted by that person, and should retain evidence of authenticity of the signature.

Key points about signature certifications:

• The person inserting an S-signature certifies it as their own.
• When submitting a document signed by another, you must have a reasonable belief that the signature is authentic.
• Evidence of signature authenticity should be retained.
• Violations of certification rules may result in sanctions.

These requirements apply to both handwritten and S-signatures. They ensure the integrity and authenticity of documents submitted to the USPTO.

For more information on USPTO correspondence, visit: USPTO correspondence.

Maintenance fee payments have a specific mailing address if not submitted electronically. According to MPEP 501, which cites 37 CFR 1.1(d):

Maintenance fee payments that are not submitted electronically and correspondence related to maintenance fees may be addressed to: Mail Stop Maintenance Fee, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

However, it’s important to note that the USPTO strongly encourages electronic submission of maintenance fee payments. The Electronic Maintenance Fee Form is the preferred method for these transactions.

If you must submit a paper payment, ensure it’s properly addressed to avoid delays in processing. Include all necessary information, such as the patent number and the fee amount being paid.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP:

“The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made to retain the envelopes in which the papers are received or to indicate on the papers the postal cancellation date (postmark).”

Key points in the USPTO’s handling process include:

• The actual receipt date is stamped on all papers
• The date on the Certificate is used to determine if the paper was filed within the period for reply
• If the paper is received after the period for reply, but the Certificate date is within the period, the paper is considered timely filed
• A notation (e.g., “C of Mail 11/10/97”) is made next to the Office Date Stamp to indicate the Certificate date

It’s important to note that while the Certificate date is used to determine timeliness, the actual receipt date is used for all other purposes, including calculating subsequent deadlines.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Office Procedures

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPS, visit: USPS.

For more information on USPTO correspondence, visit: USPTO correspondence.

In a Pre-AIA 37 CFR 1.47 application, the USPTO follows specific procedures for handling correspondence. According to MPEP 409.03(j):

‘The Notice of Acceptance under 37 CFR 1.47 should remind the applicant that the nonsigning inventor has access to the application papers. Applicant may petition under 37 CFR 1.14(e) for access restriction. See MPEP § 104.’

This means that:

• The USPTO will send a Notice of Acceptance to the applicant.
• The non-signing inventor has the right to access application papers.
• The applicant can petition for access restriction if necessary.
• Regular correspondence will be sent to the applicant or their representative.

It’s important to note that while the application is prosecuted by the applicant under 37 CFR 1.47, the non-signing inventor retains certain rights, including access to the application file.

To learn more:

• Pre-AIA 37 CFR 1.47
• USPTO correspondence
• patent application
• non-signing inventor

To learn more:

• Pre-AIA 37 CFR 1.47

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

How does the USPTO handle correspondence from multiple patent practitioners?

When multiple patent practitioners are involved in an application, the USPTO has specific rules for handling correspondence. MPEP 403.01(a) states: Where more than one practitioner is of record in an application, the Office will direct correspondence to the practitioner first named in the request for representation unless the request for representation specifies otherwise.

This means:

• The USPTO will typically communicate with the first-named practitioner.
• Applicants can specify a different practitioner for correspondence if desired.
• All practitioners of record have the authority to act on behalf of the applicant.

It’s important for the applicant and all involved practitioners to clearly communicate their roles and preferences for correspondence to ensure smooth communication with the USPTO. For more information on correspondence procedures, visit the USPTO’s MPEP 403 page.

To learn more:

• Multiple patent practitioners
• USPTO correspondence
• Patent application representation

How does the USPTO handle correspondence from multiple attorneys in a patent application?

The USPTO has specific guidelines for handling correspondence from multiple attorneys in a patent application:

• If multiple attorneys are listed on the Power of Attorney form, the USPTO will direct all correspondence to the first listed attorney.
• The first listed attorney is considered the ‘correspondence address’ for official communications.
• As stated in MPEP 403.01(a): ‘If more than one attorney is of record, the Office will direct correspondence to the first listed attorney in the Power of Attorney.’
• Other listed attorneys can still communicate with the USPTO, but official correspondence will be sent to the designated address.

This approach ensures clear communication channels and prevents confusion in multi-attorney cases.

To learn more:

• USPTO correspondence
• multiple attorneys
• patent application
• Power of Attorney

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence for applications with multiple applicants?

The USPTO has specific rules for handling correspondence in applications with multiple applicants:

• For applications filed on or after September 16, 2012, the USPTO will direct correspondence to the first named applicant, unless a practitioner is appointed.
• For applications filed before September 16, 2012, correspondence is sent to the first named inventor, unless a practitioner is of record.

As stated in MPEP 403: ‘Where more than one attorney or agent is of record, the Office will direct correspondence to the first named attorney or agent of record, unless otherwise requested.’ This ensures clear communication channels for multi-applicant applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

How does the USPTO handle correspondence delivered by EXPRESS MAIL?

The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:

“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”

This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:

• The correspondence is properly addressed to the USPTO
• The proper address is on the EXPRESS MAIL mailing label
• The EXPRESS MAIL mailing label number is placed on the correspondence

It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.

For more information on Express Mail, visit: Express Mail.

For more information on USPTO correspondence, visit: USPTO correspondence.

When the USPTO is notified of the death of a sole patent practitioner of record, they continue to hold correspondence with the deceased practitioner’s office. However, the USPTO also mails a copy of the Office action to the person who originally appointed the practitioner. This ensures that the applicant or owner is informed of ongoing patent matters.

To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates:

“The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a).”

The certificate should include:

• A statement certifying the date of mailing or transmission
• The signature of the person making the certification
• The application number (if known)

It’s important to note that the certificate must be signed by someone with a reasonable basis to expect the correspondence would be mailed or transmitted on or before the date indicated.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Filing Procedures

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

1. Complete the Change of Correspondence Address Form (PTO/SB/122)
2. Provide the Customer Number and the updated list of registered practitioners
3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

• Only registered practitioners can be added to a Customer Number
• Changes will affect all applications associated with the Customer Number
• The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO correspondence, visit: USPTO correspondence.

Foreign assignees can designate a domestic representative for USPTO correspondence as outlined in 35 U.S.C. 293 and 37 CFR 3.61. The MPEP states:

An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative.

Key points for this designation:

• It should be submitted as a separate paper from any assignment document
• It should be clearly labeled ‘Designation of Domestic Representative’
• It will be entered into the record of the appropriate application or patent file
• It must be signed in accordance with 37 CFR 1.33(b)
• It should state the name and address of a person residing within the United States

This designation allows for service of process or notice of proceedings affecting the patent or rights under the patent to be served on the designated representative.

For more information on domestic representative, visit: domestic representative.

For more information on foreign assignee, visit: foreign assignee.

For more information on USPTO correspondence, visit: USPTO correspondence.

The Certificate of Mailing procedure does not apply to papers mailed from a foreign country. However, the Certificate of Transmission procedure can be used for correspondence transmitted to the USPTO from a foreign country, with some conditions. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

This means that while you can’t use a Certificate of Mailing for papers sent by postal mail from outside the United States, you can use a Certificate of Transmission for faxes or EFS-Web submissions from foreign countries, as long as the specific type of correspondence is eligible for the certificate procedure.

No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:

• The USPTO does not have resources for picking up mail
• Mail sent using the “Hold for Pickup” service will not reach the Office

Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.

As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”

The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to:

• The filing of an international application for patent
• The filing of correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority
• The filing of a copy of the international application and the basic national fee necessary to enter the national stage

However, the Certificate of Transmission procedure can be used for some correspondence related to international applications if it’s being transmitted to the USPTO and is not otherwise prohibited. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

It’s crucial to carefully review the specific requirements and limitations for international application correspondence to ensure proper and timely filing.

Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:

I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].

However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):

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.

This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.

The use of a Certificate of Mailing or Transmission for correspondence from outside the United States depends on the method of transmission. The MPEP clarifies:

“The Certificate of Mailing procedure does not apply to papers mailed in a foreign country. The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.”

Therefore:

• You cannot use a Certificate of Mailing for papers mailed from outside the U.S.
• You can use a Certificate of Transmission for facsimile or EFS-Web transmissions from outside the U.S., as long as the correspondence is eligible for this procedure.

It’s important to verify that your specific type of correspondence is eligible for the Certificate of Transmission procedure before using it from outside the United States.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• International Patent Filing

No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice:

“The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date…”

The MPEP lists several other exclusions, including certain international application filings, trademark-related filings, and correspondence filed in interference or trial proceedings. It’s crucial to review the full list in MPEP 512 to ensure compliance with USPTO rules.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO correspondence
• patent application filing

Can I use a certificate of mailing for all USPTO correspondence?

While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions:

“The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35 U.S.C. 111(a), including reissue applications; (B) International applications for patent; (C) International design applications; (D) Requests for reexamination under 35 U.S.C. 302…”

This list continues with several other exceptions. It’s crucial to note that:

• New patent applications cannot use the certificate of mailing.
• International applications are excluded from this procedure.
• Certain time-sensitive documents require different filing methods.

For these excluded items, consider using Priority Mail Express® or electronic filing to ensure timely receipt by the USPTO. Always check the current regulations or consult with a patent professional to determine the appropriate filing method for your specific correspondence.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on patent applications, visit: patent applications.

For more information on USPTO correspondence, visit: USPTO correspondence.

No, a suspended or excluded practitioner is not permitted to receive correspondence from the USPTO regarding patent applications. According to MPEP 407:

A suspended or excluded practitioner is not entitled to receive correspondence from the Office, or have interviews with examiners, in applications or patents.

The USPTO takes the following steps to ensure compliance:

• Correspondence will be sent to the applicant or assignee at their address of record.
• If no practitioner is of record, the correspondence will be sent directly to the applicant or assignee.
• Examiners are instructed not to hold interviews with suspended or excluded practitioners.

For more information on USPTO correspondence, visit: USPTO correspondence.

Can a legal assistant or secretary sign correspondence on behalf of a patent practitioner?

No, a legal assistant or secretary cannot sign correspondence on behalf of a patent practitioner. The MPEP 502.02 clearly states:

‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’

This requirement ensures that the practitioner takes personal responsibility for the content of the correspondence. Delegating this responsibility to support staff is not permitted and could lead to the correspondence being considered unsigned or improperly signed.

To learn more:

• legal assistant
• secretary
• patent practitioner
• signature delegation
• USPTO correspondence

For correspondence that is not specific to patents or trademarks, such as requests for certified copies or assignment recordation, the general mailing address is:

Director of the United States Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

This address should be used for:

• Patent and trademark documents sent to the Assignment Division for recordation (Mail Stop Assignment Recordation Services)
• Requests for certified or uncertified copies of patent and trademark documents (Mail Stop Patent and Trademark Copy Fulfillment Branch)
• Correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190

MPEP 501 states: “For correspondence for which an address is not otherwise specified in 37 CFR 1.1 or 2.190, should be addressed to: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450”