What happens if the USPTO receives a document without a date of receipt stamp?
If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include: The date of receipt indicated on an Express Mail label The date of deposit indicated on a certificate of mailing The date of transmission indicated on…
Read MoreWhat should I do if my timely filed correspondence was not received by the USPTO?
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…
Read MoreWhat is the purpose of a certificate of mailing or transmission in patent applications?
The purpose of a certificate of mailing or transmission in patent applications is to provide evidence of timely filing when correspondence is not received by the USPTO or is received late. As stated in MPEP 512: The Certificate of Mailing or Transmission procedure does not apply to papers mailed in a foreign country. This procedure…
Read MoreWhat information must be included in a certificate of mailing for USPTO correspondence?
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…
Read MoreHow does the USPTO handle papers with a Certificate of Mailing or Transmission?
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…
Read MoreHow do I properly use a certificate of mailing for patent correspondence?
To properly use a certificate of mailing for patent correspondence, follow these steps: Prepare your correspondence. Attach a certificate of mailing to each piece of correspondence. Include the required information on the certificate. Sign and date the certificate. Mail the correspondence with the attached certificate. According to MPEP 512: Each piece of correspondence for which…
Read MoreHow do I use a Certificate of Mailing or Transmission?
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…
Read MoreCan I use a Certificate of Mailing or Transmission for correspondence from outside the United States?
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…
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