Can I use a Certificate of Mailing or Transmission for electronically filed documents?
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…
Read MoreCan I use a Certificate of Mailing for filing a new patent application?
No, you cannot use a Certificate of Mailing or Transmission for filing a new patent application to establish the application’s filing date. The MPEP explicitly states: No benefit will be given to a Certificate of Mailing or Certificate of Facsimile Transmission relative to the filing of a national patent application specification and drawing or other…
Read MoreWhat is the difference between the Certificate of Mailing and Priority Mail Express procedures?
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…
Read MoreHow does the Certificate of Mailing or Transmission affect filing date calculations?
The Certificate of Mailing or Transmission can affect filing date calculations in several ways: For timely filing: If a paper with a certificate is received after a deadline but the certificate date is within the deadline, the paper is considered timely filed. The MPEP states: “If the date stated is within the period for reply,…
Read MoreCan I use a Certificate of Mailing or Transmission for international patent applications?
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…
Read MoreDoes the Certificate of Mailing or Transmission apply to foreign mailings?
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…
Read MoreWhat is the purpose of an attorney docket number in a patent application?
An attorney docket number is used by law firms and companies to internally track and manage patent applications. While it’s not required by the USPTO, it can be included on application documents for reference. However, there are limitations: Must be limited to a maximum of 25 characters Spaces, slashes, and hyphens are not included in…
Read MoreWhat is the institution of higher education basis for micro entity status?
The institution of higher education basis allows applicants to qualify for micro entity status if: The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or The applicant has assigned, granted, conveyed, or is obligated to assign,…
Read MoreHow is gross income determined for micro entity status?
For micro entity status, gross income is determined as follows: Based on the calendar year preceding the year a fee is paid Uses the definition of gross income in section 61(a) of the Internal Revenue Code Compared to three times the median household income as reported by the Bureau of the Census For non-US income,…
Read MoreWhat fees are reduced for micro entities?
Micro entities receive a 75% reduction on many USPTO fees, including: Filing fees (nonprovisional and provisional) Search fees Examination fees Issue fees Appeal fees Maintenance fees Patent Trial and Appeal Board fees The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’
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