Can a Certificate of Transmission be used for facsimile submissions in international patent applications?

The use of a Certificate of Transmission for facsimile submissions in international patent applications is limited. According to the MPEP section 1834.01: “A Certificate of Transmission may be used as provided in 37 CFR 1.8(a)(1) except in the instances specifically excluded in 37 CFR 1.8(a)(2).” However, it’s crucial to note the following restriction: “Note particularly…

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What is a Certificate of Mailing or Transmission?

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…

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Can I use a Certificate of Mailing or Transmission for all USPTO correspondence?

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…

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What types of correspondence are not eligible for the Certificate of Mailing or Transmission procedure?

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…

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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…

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Does 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…

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